Almost immediately after I started law school, my friends and family started asking me legal questions. I suppose they felt that because I had started my legal education, I would likely have insights into their individual legal situations.
While the stories and situations they told me were as varied as could be, each one seemed to follow the same basic format. They would tell me what started the issue, proceed with an account of what they did in response, and then complain about the actions taken by the “other side.” Without fail, each of the stories ended with the same final inquiry:
“Can they do that?”
I hear that question with increased frequency now that I am a practicing attorney. In fact, in one form or another, that seems to be the question on the mind of everyone who comes into my office. Most often the question is asked in relation to the actions of law enforcement personnel. My clients are wondering whether or not law enforcement personnel can do what they did at the time of arrest. Most frequently, my clients are concerned that an officer’s conduct violated their constitutional right to be free from unreasonable searches and seizures.
So frequent are the questions that I’ve decided it might be helpful to author a weekly installment for the blog of Kemp Eason Sease & Dyer to outline some basic “search and seizure principles” as well as to highlight decisions made in courts around the country which affect this issue. The content of the installment will not be meant as, and should not be taken as, legal advice. Each legal situation is unique, and that is never more true than in the search and seizure context. If your situation has led you to wonder – Can they do that? – you should seek the advice of legal counsel as soon as possible.
Next week I’ll begin with a light treatment of the constitutional underpinnings concerning our rights against searches and seizures. I will also talk about how American search and seizure policy is formed.
Until next week...
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