Illegal Search and Seizure Attorneys in New York

Were Your Fourth Amendment Rights Violated? Don’t Let the Police Get Away With It

The police don’t always play by the rules. If they searched your home, car, or even your pockets without a valid reason, they may have violated your Fourth Amendment rights. You can learn more about your rights under the Fourth Amendment. And that’s not something you should take lightly. An illegal search can lead to criminal charges based on evidence that never should’ve been found in the first place. It’s unfair, it’s wrong, and it happens more than you think.

At Horn Wright, LLP, we don’t stand for that. Our firm was recently named one of the best law firms in America, a testament to our dedication to fighting for our clients' rights. As trusted New York civil rights attorneys, we know how devastating it is to have your rights trampled by law enforcement. Our New York criminal defense attorneys fight hard to protect your rights. If law enforcement crossed the line, we’ll challenge the evidence, expose their misconduct, and work to get your charges dropped or reduced.

What Constitutes an Illegal Search and Seizure?

Not every search is legal. Police need a valid reason before they start digging through your belongings. If they don’t have one, they’re violating your rights. Here’s how that happens:

• No Warrant: In most cases, officers need a court-approved warrant to search your home, car, or personal belongings. If they don’t have one and search anyway, anything they find could be thrown out in court. A warrant must be specific—it can’t just be a free pass to tear apart your life. Under New York Penal Law, officers must follow strict guidelines when obtaining and executing warrants.
• No Probable Cause: The police can’t just go on a gut feeling. They need clear, objective reasons to believe a crime has been committed before they conduct a search. If they stop you for no real reason and start digging through your car or belongings, that’s a problem.
• Illegal Stops and Detentions: Ever been stopped by police and felt like they had no reason to pull you over? That could’ve been an unlawful stop. Officers can’t just detain people at random and search them without reasonable suspicion. If you need wrongful police stop legal representation, an experienced attorney can help you push back.
• Exceeding the Scope of Consent: If you give an officer permission to check your trunk, that doesn’t mean they can search your entire car. The moment they overstep, they’re violating your rights, and anything they find may not hold up in court.

Your Legal Options After an Unlawful Search

If the police violated your rights, you’re not powerless. You have options to do the following:

File a Motion to Suppress Evidence: If the evidence was obtained illegally, your lawyer can argue that it shouldn’t be used against you. Without that evidence, the prosecution may have no case.

Challenge the Arrest: If your arrest was based on illegally obtained evidence, your charges could be dropped. No valid search, no valid case.

File a Civil Rights Lawsuit: Police misconduct doesn’t just affect your case—it affects your life. You may have the right to sue for damages, holding law enforcement accountable for violating your rights. A civil rights violation lawsuit attorney can help you seek justice.

Negotiate a Case Dismissal or Reduction: If prosecutors know their evidence won’t hold up, they may be willing to drop or reduce charges. A strong defense attorney can leverage this to your advantage.

New York’s Shocking Illegal Search and Seizure Tactics—Know Your Rights

New York’s search and seizure laws offer strong protections, but that doesn’t mean the police always follow them. If you’ve been targeted by an unlawful search, a New York civil rights attorney can help you fight back and protect your constitutional rights. Here’s how law enforcement often crosses the line:

Common Violations: Stop-and-Frisk, Vehicle Searches, and More

• Stop-and-Frisk Abuses: Officers can’t stop and frisk you just because they feel like it. They need reasonable suspicion that you’re involved in a crime. Unfortunately, stop-and-frisk policies have been misused, often targeting specific communities unfairly.
• Unjustified Vehicle Searches: Police need probable cause to search your car. They can’t just claim they “smelled something” and start tearing through your trunk. New York has cracked down on this excuse, but it still happens. The New York State Constitution offers even greater protections against unreasonable searches.
• Home Searches Without Proper Authority: Even with a warrant, police can’t just barge into any room they please. If they step beyond what the warrant allows, they’re violating your rights.
• Cell Phone and Digital Privacy Violations: Your phone contains personal, sensitive data. Police can’t just scroll through your messages or emails without a warrant. If they did, that’s a serious violation of your rights. New York law requires a valid warrant for digital searches, as outlined in the New York Electronic Communications Privacy Act.

What to Do If You’ve Been a Victim of an Unlawful Search

If the police overstepped their authority, take these steps immediately:

Stay Silent: You don’t have to explain yourself. The less you say, the better.

Write Everything Down: Take notes on what happened—who was there, what was said, what the officers did. If possible, get badge numbers.

Save Any Evidence: If there’s security footage, witness testimony, or anything else that backs up your claim, keep it safe.

Talk to a Lawyer ASAP: The sooner you act, the stronger your case will be. And an experienced NYC illegal search and seizure defense lawyer can help fight back against police misconduct.

Your Rights, Your Freedom—Don’t Let the Police Violate Them

Illegal searches ruin lives, but you don’t have to accept it. At Horn Wright, LLP, we fight to protect your rights and make sure illegally obtained evidence never sees the inside of a courtroom. If you think the police crossed the line, let’s talk. A New York civil rights attorney at our firm is ready to stand up for you and challenge any illegal police actions in your case. Contact us today.

Contact us at Horn Wright, LLP to learn more. We are available 24/7 to assist you.