The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by the government, ensuring that citizens have the right to privacy and security in their homes, personal belongings, and communications. Understanding your Fourth Amendment rights is critical, especially when those rights are violated by law enforcement or other government entities. At Sivin, Miller & Roche LLP, we are dedicated to defending the civil rights of individuals who have been unlawfully searched, detained, or had their property seized. If you believe your Fourth Amendment rights have been violated, contact us today for a consultation.

Fourth Amendment and Your Civil Rights

The Fourth Amendment stands as one of the most crucial protections of civil rights in American history, serving as a powerful shield between citizens and potential government overreach. When the framers of the Constitution wrote “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” they established a fundamental principle that continues to safeguard individual liberty today.

In practice, this constitutional protection touches many aspects of daily life. Whether it’s an interaction with law enforcement on the street, a traffic stop, or a question of digital privacy, the Fourth Amendment works to protect your civil rights in several key ways:

Protection Against Unlawful Searches

• Law enforcement must obtain a warrant based on probable cause before searching your home
• Officers need reasonable suspicion to stop and frisk you on the street
• Your electronic devices and digital data are protected from unreasonable government intrusion

Limits on Police Power

• Police cannot arrest you without probable cause
• Officers must justify warrantless searches under specific exceptions
• Evidence obtained through illegal searches can be excluded from court proceedings

When Violations Occur

Unfortunately, Fourth Amendment violations remain all too common, particularly in urban areas like New York City. These violations can take many forms:

• Unlawful stop-and-frisk practices
• Warrantless searches of homes
• Excessive use of force during arrests
• Illegal vehicle searches
• Unauthorized surveillance

Your Right to Legal Recourse

When law enforcement violates your Fourth Amendment rights, you have the power to seek justice. Civil rights attorneys can help you:

• File a civil rights lawsuit under Section 1983
• Seek compensation for violations of your constitutional rights
• Challenge illegally obtained evidence in criminal cases
• Hold law enforcement agencies accountable for systematic violations

At Sivin, Miller & Roche LLP, we believe that protecting Fourth Amendment rights is essential to maintaining a just society. Our experienced civil rights attorneys have successfully represented numerous clients whose constitutional rights were violated by law enforcement, securing both justice and compensation for these violations.

How a Civil Rights Lawyer Can Help Protect Your Fourth Amendment Rights

At Sivin, Miller & Roche LLP, we have dedicated our practice to protecting the constitutional rights of New Yorkers. When law enforcement violates your Fourth Amendment rights, our experienced civil rights attorneys stand ready to fight for justice on your behalf. Here’s how we can help:

Immediate Legal Intervention

As soon as you contact our firm, we:

• Conduct a thorough evaluation of your case
• Gather and preserve crucial evidence
• Document any injuries or damages
• Interview witnesses while memories are fresh
• Take immediate action to protect your rights and interests

Building Your Case

Our seasoned legal team will:

• Review police bodycam footage and surveillance videos
• Obtain police reports and internal documents
• Consult with expert witnesses when necessary
• Document the full extent of your damages
• Investigate patterns of misconduct by the involved officers or department

Legal Representation in Civil Rights Claims

We have extensive experience in:

• Filing Section 1983 civil rights lawsuits
• Challenging illegal searches and seizures
• Pursuing claims for excessive force
• Addressing systematic police misconduct
• Representing clients in both state and federal courts

Real Results

Our track record speaks for itself. We have:

• Secured substantial settlements and verdicts for our clients
• Held law enforcement agencies accountable
• Protected the rights of countless New Yorkers

Personalized Attention

When you work with Sivin, Miller & Roche LLP, you’ll receive:

• Direct access to experienced civil rights attorneys
• Regular updates on your case’s progress
• Clear explanations of your legal options
• Aggressive advocacy on your behalf
• Compassionate support throughout the legal process

Why Choose Our Firm

Our attorneys bring:

• Decades of combined experience in civil rights litigation
• Deep knowledge of Fourth Amendment law
• Proven track record of success
• Resources to take on powerful institutions
• Commitment to justice and systemic change

If you believe your Fourth Amendment rights have been violated, time is of the essence. Contact Sivin, Miller & Roche LLP today for a confidential consultation. We’ll evaluate your case, explain your rights, and help you understand your legal options.

What To Do if Your Property Was Illegally Searched

If law enforcement has conducted an illegal search of your home, business, vehicle, or other property, the steps you take immediately afterward are crucial to protecting your rights and building a strong legal case. As experienced civil rights attorneys, we at Sivin, Miller & Roche LLP recommend taking the following actions:

1. Document Everything

• • Take detailed photographs of any damage to your property
  • Write down exactly what happened while it’s fresh in your memory
  • Note the names and badge numbers of all officers involved
  • Record the time, date, and duration of the search
  • List any witnesses who were present
  • Keep all property receipts provided by law enforcement

2. Preserve Evidence
   • Don’t clean up or repair damage until it’s photographed and documented
   • Save any surveillance footage from your property
   • Keep copies of any warrants or papers left by officers
   • Maintain a list of any items that were taken
   • Save any related communications with law enforcement
3. Gather Witness Information
   • Collect contact information from any witnesses
   • Ask neighbors if they saw anything
   • Request statements from anyone present during the search
   • Note if anyone recorded video of the incident
4. Seek Medical Attention if Necessary
   • If you were injured during the search, get medical care immediately
   • Keep all medical records and bills
   • Document any ongoing physical or emotional effects
   • Follow all medical recommendations and treatment plans
5. Contact Our Office Immediately

Don’t wait to reach out to Sivin, Miller & Roche LLP. We can:

• • Begin an immediate investigation
  • Help preserve crucial evidence
  • Protect you from further rights violations
  • Guide you through interactions with law enforcement
  • Start building your legal case

What Not to Do

To protect your rights, avoid:

• Making statements to law enforcement without an attorney present
• Signing any documents without legal review
• Posting about the incident on social media
• Accepting settlement offers without legal counsel
• Allowing additional searches without a warrant
• Confronting the officers involved

The sooner you contact our office, the better we can protect your rights. Time limits apply to civil rights claims, so don’t delay in seeking legal help. Contact Sivin, Miller & Roche LLP today for a confidential consultation about your case.

When Can Law Enforcement Legally Search Your Property?

As civil rights attorneys protecting New Yorkers against unlawful searches, we often hear this crucial question from our clients. Understanding when law enforcement can legally search your property is essential for protecting your Fourth Amendment rights.

Valid Search Warrant Requirements

For a search warrant to be valid, it must be issued by a neutral and detached judge or magistrate and be based on probable cause supported by sworn testimony. The warrant needs to describe the specific place to be searched and detail the items to be seized. Furthermore, it must be executed within specified time limits and be served in a proper manner.

Exceptions to the Warrant Requirement

Law enforcement may legally search without a warrant under specific circumstances:

Consent

You voluntarily agree to the search, have the authority to give consent, and the search stays within the scope of your consent.

Exigent Circumstances

These include emergency situations threatening life or safety, hot pursuit of a suspected felon, imminent destruction of evidence, or risk of a suspect’s escape.

Plain View

Officers must be legally present in the location, items must be in plain sight, and the criminal nature of the items must be immediately apparent.

Search Incident to Arrest

These searches are limited to the arrestee’s immediate area and must occur at the time of a lawful arrest, only to protect officer safety or preserve evidence.

Vehicle Searches

Vehicle searches require probable cause, and the mobile nature of vehicles creates different standards. This may include containers within the vehicle, and traffic stops may lead to limited searches with reasonable suspicion.

Protect Your Fourth Amendment Rights Today

Don’t let law enforcement violations of your Fourth Amendment rights go unchallenged. At Sivin, Miller & Roche LLP, we have a proven track record of holding law enforcement accountable and securing justice for our clients throughout New York. If you believe your property has been illegally searched, time is critical. Contact our experienced civil rights attorneys today at 212-349-0300 for a confidential consultation, or fill out our online contact form. Our dedicated team is ready to listen to your story and fight for your constitutional rights.