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Search & Seizure

Protecting Those From Illegal Search & Seizure Arrests

It is often challenging for a layperson to determine when a police officer's search and seizure procedures are legal or not. Our Constitution's Bill of Rights includes a provision protecting citizens from unreasonable search and seizure. However, there are many nuances of the law that require sophisticated legal knowledge to understand.

If you were arrested on charges of possession of marijuana, drunk driving or stealing, you may question whether law enforcement agents violated your rights in the process of arresting you.

This is where our law firm's free initial consultations come into play.

Experienced criminal defense attorneys at Monckton, Hembree & Humphries Law Firm, P.A., are available to analyze and evaluate your Myrtle Beach area criminal matter. We may realize that your case offers opportunities for defense on the basis of illegal search and seizure.

We Can Help Evaluate Your Case

The sooner you discuss the circumstances of your arrest with a knowledgeable attorney, the more chances you may have to get charges dismissed on the basis of inadmissible evidence obtained through illegal search and seizure. Contact us to schedule a consultation regarding any search and seizure situation such as:

  • A DUI stop: Did the police have probable cause to ask you to take a Breathalyzer test or submit to field sobriety tests?
  • A marijuana possession arrest: Were police allowed to search your pocket, your backpack, your luggage or your school property without a search warrant? Did they have the right to search your motel room after a neighbor reported smelling smoke?
  • A property crime: Did police have the right to search your home in pursuit of evidence that you had allegedly stolen something?

Some Answers Are Straight Forward

For example, South Carolina law plainly states that “any person entering the premises of any school in this State shall be deemed to have consented to a reasonable search of his person and effects.” Therefore, a search of your school locker is considered reasonable. However, how about a search of your backpack as you walk away from the school parking lot? Talk to a lawyer if this type of activity led to your arrest on suspicion of possession of illegal substances.

Arrested on Suspicion of Drug Possession in Grand Strand?

Monckton, Hembree & Humphries Law Firm, P.A. aggressively and effectively represents tourists, students, juveniles and adults through all stages of a criminal prosecution: first appearance and bond hearing, investigation (including grand jury investigations), pretrial motions, plea negotiations, trial and sentencing. At every step of the way, we concentrate on protecting your constitutional rights, including freedom from unreasonable search and seizure.


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