How are search and seizure issues addressed in criminal defense law?

Search and seizure issues are addressed in criminal defense law in Nebraska by the Fourth Amendment of the United States Constitution. This amendment states that the government will not conduct unreasonable searches or seizures of a person’s property without a valid search warrant. This means that the police officers must have probable cause to suspect criminal activity before they can legally search or seize someone’s property. In many cases, criminal defense lawyers will challenge an illegal search and seizure. If evidence obtained by an illegal search or seizure is presented in court, it can potentially be thrown out. This is due to the exclusionary rule that states that evidence obtained in violation of the Fourth Amendment cannot be used to secure a conviction. In Nebraska, criminal defense lawyers must file a motion to suppress illegal evidence as soon as they discover it. If the court grants this motion, the evidence collected is no longer able to be used as proof of guilt for the accused party. The Fourth Amendment in Nebraska, and all of the United States for that matter, ensures all citizens are protected from illegal and unreasonable searches and seizures. Criminal defense lawyers are the first line of defense when it comes to protecting those rights. Without them, the police have the power to search and seize whatever they want, without any oversight.

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