Menu
Michael V. Cibella, LLC - Litigation Attorney
Criminal Defense Attorney | Civil Litigation
Free Initial Consultation 212-818-1880 Available 24/7

Testimonials

  • Michael saved my life. There is no other way to put it . . . Thank you, Michael, for giving me a new day! Assault in the First Degree in Manhattan, August 2016
  • I have a clean record and I will always have Michael to thank for that. Aggravated DWI with an accident in Brooklyn, February 2016
  • Michael was invaluable in helping me through a difficult time. After being arrested with a DWI and losing my job shortly after, I was at my wit's end. DWI with an Accident and Leaving the Scene, January 2016
  • Because of you, I'm driving my kids to school! Thank you!! DWI & DMV Refusal Hearing, August 2015
  • Mike Cibella did an excellent job! . . . When something wasn’t right the day the charge was to be dismissed, Mike hunted down the DA to make it right and end the case with a dismissal. We are grateful to have engaged him. Criminal Mischief, July 2015
  • Michael, I am grateful for your help with the DA and can't thank you enough for what you did for our son. You gave him a second chance . . . Grand Larceny, May 2015
  • Michael could not have done more for me in immediately being available and putting me at ease . . . had a bull-dog-like tenacity that never stopped fighting for my case and had a great court presentation. DWI, March 2015
  • I know a dodged a bullet and it's all thanks to Michael's judgment, experience and hard work! Insurance Fraud, September 2014
  • ... Again, I'm forever grateful. I wish there were better words. THANK YOU! Fraud Investigation, July 2014
  • Thank you for all your hard work and for making this crazy process a little easier to handle. I'm very fortunate to have had you on my side. DWI, February 2014
  • Thank you very much for all that you've done. You made this difficult process very easy for me and I'm doing much better thanks to your help. DWI, December 2013
  • Thank you for saving my career! Investment Bank Trader, Larceny case, July 2011.
more
Michael V. Cibella Michael V. Cibella
Practice Areas

What are your rights regarding search and seizure?

What are your rights regarding search and seizure?

The police may not necessarily act with impunity when it comes to searching or seizing your property. If the police are called to your premises or if they pull over your vehicle, there are a number of rules and regulations that govern how they must go about the search process. If they fail to uphold these rules and regulations, it could tank the case against the accused person before it even begins.

There are laws that prevent illegal search and seizure, but how do you define a search and seizure? The first step is in regards to the privacy of an individual, and their reasonable expectation of it. If the person expected a degree of privacy when the police searched their home, for example, and that expectation is reasonable then the police performed an illegal search and seizure.

Having said that, there are certainly situations where the police can search your home or property regardless of your reasonable expectation for privacy. For example, if they have a search warrant, then the police have the legal right to enter and search your premises regardless of your objections. Similarly, if you consent to the police entering and searching your home, then you have forfeited your right to object to the search and the police can search the premises.

The protection from an illegal search and seizure is a very important right that everyone in the United States needs to be aware of.

Source: FindLaw, “Illegal Search and Seizure FAQs,” Accessed Jan. 25, 2017

Leave a Reply

Your email address will not be published. Required fields are marked *

Criminal Defense Attorney