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Search and Seizure

Police officers and other law enforcement personnel are required to follow the law. With regard to DUI cases and drug charges, the U.S. Constitution and state laws govern how and when an officer or trooper can stop a vehicle, search a person’s belongings or home, arrest a person or take measures that may yield evidence against a defendant. These laws are rooted in the Fourth Amendment to the U.S. Constitution — the amendment in the Bill of Rights that forbids the government from performing “unreasonable searches and seizures.”

In Virginia, your rights include the following:

  • You are not required to take a field sobriety test, even if a police officer or state trooper asks you forcefully.
  • You cannot be pulled over without a reason. A law enforcement officer must have reasonable suspicion that something illegal has occurred in order to pull over a vehicle.
  • You cannot be arrested or held in custody without probable cause.
  • You cannot be searched for drugs or weapons or be detained without probable cause or one of several specific exceptions to this rule.

Aggressive, Strategic Defense Representation

If the police use an illegal search, stop, arrest or seizure to find evidence against you, you may have a powerful defense available. An unconstitutional search, seizure, stop or arrest will often result in the case being dismissed. If you were subject to unreasonable search and seizure, having an experienced criminal defense attorney is absolutely essential.

At Nichols & Green PLLC, our experienced lawyers offer aggressive, intelligent representation in a range of Virginia misdemeanor and felony matters. If we represent you, we will make sure you understand your constitutional rights clearly, and we will prepare the strongest possible defense, leaving no stone unturned with regard to possible search and seizure issues. It is critical to have someone fighting for you who can leverage all potential defenses you may have.

Contact a Prince William County Unlawful Stop Attorney for a Free Consultation

The Fairfax attorneys of Nichols & Green PLLC can advise you on your constitutional rights, and whether you were the subject of an illegal search, seizure, arrest or stop. Contact us for a free consultation.

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