Search and seizure is a procedure wherein the investigators are permitted to search a person, paperwork or even a property in order to acquire evidence that may be a relevant to particular crime; it also authorizes them to seize any pertinent evidence to produce the same in court. Even though it was introduced as an instrument to assist in seeking out the truth, there have been instances wherein search and seizure was conducted unreasonably and without a warrant. For this reason, the Fourth Amendment of the Federal Constitution brought with it certain rules to protect the U.S. citizens against unreasonable search and seizure.
Legitimate expectation of privacy
The New York state follows the ‘legitimate expectation of privacy’ principle. Here, the Fourth Amendment protects the U.S. citizens from illegal search and seizure that is conducted in two conditions- when the individual himself demands for his right to privacy; and second when the public acknowledges that his expectation is a reasonable one. This may of course be subjected to interpretation and therefore state courts are granted fluidity to an extent while making decisions.
What is the exclusionary rule
The exclusionary rule, passed in 1961 by the U.S. Supreme Court, is a legal principle that prohibits using any evidence in court that was obtained through illegal search and seizure. This law is applicable to all federal as well as state rulings. In New York State, investigators and police officers should have a warrant by a court judge in order to conduct a search and they are required to swear under oath to conduct all search and seizures as outlined by the law. The exclusionary rule prohibits any evidence that was obtained without a search warrant even if the evidence convicts the defendant in the crime.
Even though the Fourth Amendment laws provide sufficient protection against unreasonable search and seizure for all citizens of U.S., in certain types of crimes, individual States are allowed to provide extra protection measures in their bill of rights. This way, the citizens are protected from unreasonable interception of telegraph and telephone communications.
These are some aspects regarding the search and seizure laws in New York. While fighting cases against illegal search and seizure, it is important that you understand what is the exclusionary rule and how it may be applicable in your case. For more details on this rule, check online legal resources or consult a lawyer who has experience dealing with similar cases.Google+