Bail bond companies have the unique opportunity of helping citizens preserve their legal rights when they are in a difficult situation.

By bonding out of jail, citizens are able to freely seek legal counsel so they can ensure they are getting the best possible legal representation.  

Here we discuss unlawful searches as well as the unlawful arrests that can result.

Fourth Amendment to the United States Constitution and Unlawful Searches

According to the Fourth Amendment, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

While the Fourth Amendment seeks to protect citizens from unlawful searches, it does not make all warrantless searches unlawful. Generally speaking, factors of a lawful search on private property occurring without a warrant include:  

• An officer has requested and received consent to search.
• If a warrantless search is incident to a lawful arrest.
• There is probable cause to believe people are in imminent danger, evidence faces imminent destruction, or that the search will prevent a suspect’s imminent escape.
• If the objects being searched are in plain view.

In short, the Fourth Amendment establishes the requirement of “probable cause”.

What Is Probable Cause?

Under the law, probable cause must be established by law enforcement before making an arrest, receiving a warrant or initiating a search.

In the United States Supreme Court case of Brinegar v. United States, 338 U.S. 160, 175-76 (1948) – a case that involved an Oklahoma resident accused of illegally smuggling alcohol – probable cause was defined as:

“Probable cause exists where the facts and circumstances within the officers’ knowledge, and of which they have reasonably trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.” Pp. 338 U. S. 175-176.

When Do Unlawful Arrests Occur?

There are a number of possible reasons why an unlawful arrest can occur. Errors in arrest warrants, errors in suspect descriptions, suspect misidentifications on part of law enforcement or malice or bias on part of law enforcement.

Unlawful arrests can also occur during situations where there is a high volume of arrests being made in one location. For example, drug stings, roadblocks, and political protests where a number of individuals are round up and arrested at a single scene.

Tracking Unlawful Arrests

While news stories of unlawful arrests occasionally make headlines, no government agencies specifically track unlawful arrest data.  

Organizations like the National Registry of Exonerations focus on wrongful convictions rather than arrests however, their findings shed light on the frequency of wrongful arrests. Since 2012, the National Registry of Exonerations has logged over 2,000 exonerations in the United States.

Conclusion:

A number of factors from unlawful searches to honest errors in identification can lead to an unlawful arrest. Being aware of your legal rights and having access to competent legal representation will be your best defense against unlawful arrest.

For over 20 years, Thad Moody Bail Bonds has served Sequoyah County. Our friendly service and affordable bail bonds make us the best option if you ever need bail bond service.

Call us at 918-775-5583

Written by Lance Montgomery