${site.data.firmName}${SEMFirmNameAlt}
Free Consultations
Personalized Guidance From Start To Finish
518-284-0585
View Our Practice Areas

What is my constitutional right to privacy?

There is a common misconception that when an Albany resident sees a policeman or woman knocking on the door, he or she should open it and allow them to come inside the house to search it. This is not the case-police officers either need a warrant to enter and search private property or should seek and receive consent. It is important to understand that giving consent is not essential and without it, evidence seized from a warrantless search is most likely going to be inadmissible in court.

The Fourth Amendment of the Constitution guarantees the right to privacy and the freedom from unreasonable governmental intrusions. The Fourth Amendment protects against those searches and seizures that are unreasonable under the law. Therefore, it is important to know what circumstances can be considered reasonable and what constitutes a violation of one's fundamental rights. Without this understanding, evidence that could otherwise be excluded might end up making it to trial.

A warrantless search may be illegal if there is no warrant. It could be legal if it is pursuant to a lawful arrest or if there is probable cause for searching the premises and exigent circumstance sexist to justify the search. If the objects being searched for are in plain view, a warrantless search may not be illegal.

There are a number of steps Albany residents can take if their constitutional rights have been violated. However, without understanding the law, it is not possible to assert one's rights. An aggressive criminal defense often consists of attacking many aspects of the prosecution's case and an experienced attorney can help people understand their options.

No Comments

Leave a comment
Comment Information
  • AV | Preeminent | Peer Rated for Highest Level of Professional Excellence
  • LCA | Proven Trial Lawyers | Litigation Counsel of America | Fellow
  • Best Lawyers | Best Law Firms | US News | 2014
  • Super Lawyers
  • ASHRM | American Society for Healthcare Risk Management
  • Best Lawyers

AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Email Us For A Response

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Phelan, Phelan & Danek LLP
300 Great Oaks Boulevard
Suite 315
Albany, New York 12203

Phone: 518-284-0585
Phone: 518-640-6900
Fax: 518-640-6955
Albany Law Office Map