practice areas

Unlawful Search and Seizure

The Fourth Amendment to the U.S. Constitution protects individuals against wrongful arrest, unreasonable searches of their property and any seizure of contraband or other objects directly resulting from an unreasonable search. Specifically, the Fourth Amendment states:

"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."

Fourth Amendment protections play an important role in determining whether evidence is permissible in a criminal prosecution. If a court finds that evidence was obtained through an illegal search, that evidence and any evidence that is obtained as a direct result cannot be used against a defendant.

You May Have A Civil Lawsuit

There also may be civil repercussions to an illegal search and seizure by law enforcement officers. Robert V. Phillips Attorney at Law represents clients throughout South Carolina in civil litigation following illegal searches of private property. Attorney Phillips has practiced law since 2000. He has a comprehensive understanding of when officers overstep their rights regarding searches of personal property.

All of our police misconduct cases are taken on a contingency fee basis. You will only pay an attorney fee if we recover a financial settlement or judgment for you.

If it can be shown that you are the victim of an illegal search, you may be able to recover compensatory damages for:

  • Property that was lost or damaged as a result of the search
  • Loss of income if the illegal search led to you being detained
  • Pain and suffering from injuries caused by the search
  • Attorney fees

Uniquely Qualified To Handle Your Police Misconduct Case

Successfully pursuing claims in police misconduct lawsuits requires extensive resources and an intimate knowledge of ever-changing constitutional law. Attorney Phillips receives many of his cases through referrals from other lawyers. He understands the high level of protection that law enforcement officers are provided by law and is able to develop cases that overcome these protections.

If you have been the victim of an illegal search and seizure or any police misconduct, call or use our online contact form to schedule a free consultation. We will review the facts of your case, answer your questions and recommend an effective course of action.