Search and Seizure

The Maine and United States Constitutions protect our privacy and freedoms from government intrusions.  However, with any rule there are exceptions.  Law enforcement officials are allowed with appropriate justification to search your home, car, other property and person to obtain evidence of a crime or to protect themselves.  You need an experience criminal defense who understands the justifications permitting the police to search to protect you.  You need The Law Offices of Robert C. LeBrasseur, PC.

Under the Fourth Amendment to the United States Constitution and Article 1, section 5 of the Maine Constitution all people are secure in their person, home, papers, and possessions from all unreasonable searches.  A warrant to search shall only issue when probable cause is demonstrated under oath to a detached and neutral judicial officer.  Probable cause is typically shown when law enforcement can demonstrate that a crime occurred and that if a search is done it is likely that evidence of the crime will be found.  The majority of searches are conducted without a warrant, i.e. warrantless searches, and a judicial officer may be required to determine if the search was done pursuant to one of the warrant exceptions and with probable cause.

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