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

In Washington, search and seizure issues are addressed in criminal defense law on the basis of the Fourth Amendment to the United States Constitution. This amendment protects individuals from unreasonable searches and seizures carried out by government agents, and is meant to protect citizens from unlawful searches. In order for a search to be valid, the government agent must have a warrant issued by a court or other authority, or must be able to show “probable cause” to conduct the search. If an individual believes that a search or seizure was conducted in an unjust manner, they are able to challenge the legality of the search in court. In these cases, it is up to the court to decide whether or not the search was conducted lawfully and if the evidence in question is admissible under the Fourth Amendment. In addition to the Fourth Amendment, Washington also has its own state-level laws regarding search and seizure issues. The Washington Constitution contains specific protections regarding unlawful searches, stating that individuals have the right to be free from unreasonable searches and seizures without a search warrant. In Washington, then, criminal defense law addresses search and seizure issues through both the federal and state constitutions. Individuals have the right to challenge a search or seizure that they believe to be unlawful, and if it is found to be so, any evidence obtained through the search may be excluded from being used against them in court.

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