Plumides, Romano, and Johnson, PC

Plumides, Romano, and Johnson, PC

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Restrictions on search and seizure

January 30, 2015

As some North Carolina residents may know, there are rules as to when a citizen or their home may be searched and items may be seized. This right to privacy is protected under the Fourth Amendment to the Constitution.

Law enforcement may be allowed to search an area and confiscate evidence if they believe a crime may be taking place on the premises. For example, if police officers have probable cause to believe that an individual has marijuana stored in his or her basement, they might be able to obtain a search warrant based on the reasonable belief drug crimes occurred there. If, upon entering the residence, the police notice drug paraphernalia in another room, they may confiscate it.

There are instances when police may search without a warrant. The search of a person’s outer clothing may be appropriate if law enforcement officials believe the individual is hiding a weapon on their person. After being arrested and taken into custody, police are empowered to search an individual or his or her vehicle if it was impounded or if police believe it contains evidence of a crime. However, if there is no reason to believe that a crime was or might be committed, such a search is not condoned.

If someone is seen committing a crime and a pursuit ensues with the suspect running into a home, the police may enter the residence without a warrant. Further, under such conditions, police may inspect the premises based on a reasonable idea that someone is hiding there and may be armed.

If an individual is illegally searched, they may wish to contest any charging placed against them. An attorney may assess the situation by reviewing police records and, if the procedure was performed illegally, help structure a formal complaint.

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What our clients are saying

Mr. Romano is an amazing family law attorney.  He has been my attorney for over 5 years and I have never been disappointed.  His experience and expertise in Family law, in my opinion, supersedes all others in the field.  Mr. Romano and his team are very knowledgeable, thorough, professional, and personable. I highly recommend Mr. Romano and his team without reservations. If you're in need of a Family law attorney, Mr. Romano is your guy!
-Ivette C
You never know all the questions you should ask so it was a blessing that they listened and provided plenty of recommendations as well as assisted with claim, deeds etc. They know what to expect and provided a service without being pushy and will go at a pace you want and explain the laws so that you can understand all the legal speak.
-Paul S

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You deserve to have a skilled legal advocate on your side who will protect your best interests. We will do just that.

To schedule a consultation, please call our office in Charlotte at 704-333-9900, or contact us online. Plumides, Romano & Johnson

2115 Rexford Road, Suite 320 Charlotte NC 28211
704-333-9900
704-358-0536

 

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