One of the most important freedoms you have in the U.S. is the 4th Amendment protection from unreasonable search and seizure. If police do not have a search warrant for your home or apartment, in most cases you have the right to refuse them entry.

If police have seized items from your home or car without the right to do so, an experienced lawyer can help you determine whether you have grounds for a lawsuit. In New York, the Law Offices of Bonita E. Zelman is known for handling complex cases of police misconduct, including holding agencies like the NYPD accountable for illegal searches and seizures.

Federal and state laws guarantee a reasonable expectation of privacy when you are in your home. Unless someone evading police capture has run into your home, contraband inside your home can be viewed from the street (through an open door or window), or police have probable cause that a crime is in progress, they may not enter your home without your consent or a valid arrest or search warrant.

Remember these important facts when police show up at your home demanding to come inside:

• The search warrant must specifically name your home
• If you live in an apartment building, the warrant must specifically list your unit
• Police may not threaten you with arrest to gain consent for a search without a warrant

Additionally, police must have your consent or a reasonable suspicion that your car contains illegal weapons or drugs to search it if they stop you for an unrelated traffic violation. An attorney like Bonita Zelman, who has more than 35 years of experience and knowledge of criminal law and police procedure, can determine if you are the victim of an illegal search and seizure.