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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

When Do the Police Have Probable Cause to Conduct a Search?

The Fourth Amendment of the United States Constitution states that no U.S. citizen can be subject to an unreasonable search or seizure without a warrant backed by probable cause. This fundamental protection is core to protecting the rights of American citizens from potential abuse by law enforcement. But what exactly is “probable cause,” and what happens when police conduct a search or seizure without it?

What is “Probable Cause?”

In simple terms, probable cause is any evidence that indicates that a crime is, was, or will be committed. This evidence must be reasonably reliable and trustworthy, so that it can be used to justify a search or seizure. When used as part of a search warrant or arrest warrant, the probable cause for the search or arrest must be detailed in the warrant application, and reviewed by a magistrate. However, police do not always require a warrant to conduct a search or seizure, but they always must have probable cause for the search or seizure to be considered legal.

What Counts as Probable Cause of a Crime?

There is no end to the number of things that may constitute probable cause of a potential crime. It could come in the form of physical evidence that indicates a potential criminal act, such as open bottles of alcohol in the cabin of a car (indicating potential driving under the influence) or unexplained blood stains (which could be a sign of a potential assault or other violent crime). It could also come in the form of witness testimony, security footage, or cell phone pictures that depict or describe someone committing a criminal act.

What Happens When a Search is Conducted Without Probable Cause?

When the police conduct a search without probable cause, there is little you can do about it at the time. However, if you are formally arraigned on a crime as a result of the search, you can make a motion to have any evidence from the improper search declared invalid, meaning it cannot be used in court against you. This can significantly improve your odds of a favorable outcome in your case.

What Should You Do if the Police Searched Your Property?

If you have had your property searched by law enforcement, or had property seized by them during that search, you should call a criminal defense lawyer as soon as possible. An attorney with experience handling criminal defense matters can help you to protect your rights, including contesting potentially questionable searches or seizures. Do not wait until it is too late to protect yourself from the worst possible consequences of a criminal case.

 

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

They were a big help with a case I had that had been prolonged by NYC. With their help I avoided 8 points & an increase on my insurance. Can't recommend them enough, well worth the money.
Me fue bien. Trabajan muy bien. Son recomendados
Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
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