Illegal Search and Seizure Attorney Brooklyn

Brooklyn police don’t have the right to search you, your property, or your home whenever they want. When they do it anyway, I fight to exclude the evidence and recover damages for your violated constitutional rights.

Brooklyn Residents Who Fought Back

When Police Ignore Your Right to Privacy

They didn’t ask. They just took.

Officers forced their way into your private space. You watched helplessly as police rifled through your belongings. They frisked you on the street without explanation or justification. The embarrassment and anger hit you hardest when it happened in front of your community.

Officers acted like your rights don’t matter. Like you don’t matter.

This happens in Brooklyn neighborhoods from Brownsville to Park Slope. Illegal searches don’t discriminate by zip code, even if the frequency might. The lasting impact of having your sanctuary invaded changes how you feel about your own space, your own safety, your own worth.

The Fourth Amendment was designed to prevent exactly this kind of violation. What happened to you was wrong, and I’m truly sorry you had to experience it.

+1 (718) 662 8265

What an Illegal Search Takes from You

You’re facing criminal charges based on evidence that shouldn’t exist. Your property is broken or missing after police “searched” your home. Possessions they seized may be gone forever.
The psychological aftermath is real:

Jumpiness when you hear sirens

Distrust of anyone in uniform

Hypervigilance in your own neighborhood

Difficulty sleeping because you don't feel safe anymore

If your family witnessed the violation, your relationships are strained. If your arrest appears on a background check, your professional life suffers. The financial burden of defending against tainted charges keeps growing.

This wasn’t your fault. Police violated the rules meant to protect you.

What they found doesn’t justify how they found it. The method matters. Your constitutional rights matter.

The Fourth Amendment and What It Means for You

The Fourth Amendment gives you the right to be secure against unreasonable searches. That’s the text. Here’s what it means practically: police need a warrant based on probable cause.

A judge must review the police affidavit before issuing the warrant. The warrant must be specific. They can’t just search for “evidence.” They need to state exactly what they’re looking for and exactly where they’re allowed to look.

No warrant? Then police must fit into a narrow exception:

Your consent must be voluntary, informed, and you can limit its scope

Still requires probable cause, not just a traffic violation

Limited to the immediate area, and the arrest itself must be lawful

Both federal and state constitutional protections apply. New York gives you additional safeguards beyond what the U.S. Constitution requires.

You have the right to say no. You have the right to ask for a warrant. These aren’t privileges the police can take away when it’s inconvenient for them.

Make Them Answer for What They Did

Police violated your rights the moment they searched without legal justification. I’ll challenge that search in criminal court to get evidence thrown out, and I’ll pursue a civil lawsuit to compensate you for the constitutional violation.

You don’t have to accept illegal police conduct. You can fight back.

I immediately investigate the circumstances of your search. I obtain all documentation: the warrant, the affidavit, arrest reports, and property receipts.

Then I analyze every element. Was the warrant valid? Did any exception really apply? I submit FOIL requests for video evidence showing what actually happened.

I track down witnesses who can contradict the officers' version of events. I prepare detailed suppression motions with case law and facts specific to your situation.

At the suppression hearing, I aggressively litigate. I cross-examine officers. I expose inconsistencies, improper procedures, and Fourth Amendment violations.

While your criminal case proceeds, I'm building your civil rights claim in parallel.

I have extensive experience with Brooklyn precincts:

60th, 61st, 62nd, 63rd Precincts
66th, 67th, 68th, 69th, 70th Precincts
71st, 72nd, 73rd, 75th, 76th Precincts
77th, 78th, 79th, 81st, 83rd Precincts
84th, 88th, 90th, 94th Precincts

I've had success in Brooklyn criminal courts and federal court (EDNY). I know these judges. I know these prosecutors. I know how to win these cases.

Criminal relief:

Suppression of illegally obtained evidence. When that evidence is suppressed, prosecutors often have to dismiss the charges. Without their key evidence, they can't prove their case. Even if they don't dismiss, suppression can lead to reduced charges or better plea offers.

Civil damages:

Money compensation for the rights violation itself. This includes:

Property damage during the search
Emotional distress from the invasion of privacy
Lost income from dealing with the fallout
Punitive damages for egregious violations

Your civil case is independent of your criminal outcome. You can win your civil case even if the suppression motion is denied. Different standards apply.

Why You Must Act Immediately

Suppression motion timing is critical. I must file before trial. Wait too long and you lose your opportunity.

The 90-day Notice of Claim deadline for civil lawsuits against NYC is absolute. Miss it and your case dies.

Body-worn camera footage retention varies: 30 days for some incidents, 90 for others. Physical evidence may be destroyed or “lost.” Search warrant affidavits become harder to obtain as time passes.

Officers will have time to align their testimony. Early suppression motions sometimes lead to early dismissals because prosecutors realize they can’t win.

Don’t wait for your criminal case to resolve before thinking about your civil rights. Start your civil case now. I coordinate the timing of both strategies so you get maximum results from each.

Proven Track Record in Search and Seizure Cases

I spent 8 years as an NYPD detective. I have extensive experience with Brooklyn precincts and their tactics. I have a history of successful suppression motions in Brooklyn courts and strong results in civil rights lawsuits against NYPD.

I understand the law and how to apply it to your specific situation. I’m skilled at both negotiation and courtroom litigation.

My approach is comprehensive: criminal defense and civil rights in parallel. Both cases get the attention they deserve.

I’m accessible to all Brooklyn neighborhoods. For civil cases, I work on contingency. You pay nothing unless I win.

I respect your rights even when police didn’t. I believe your story matters, and I’m going to fight to make sure you get justice.

Brooklyn Search and Seizure Legal Questions

What is the "exclusionary rule"?

Evidence obtained through an illegal search cannot be used in criminal prosecution. This rule is designed to deter police misconduct. The “fruit of the poisonous tree” doctrine extends this: anything discovered as a result of the illegal search is also inadmissible, even if obtained legally afterward.

Can police search my backyard without a warrant?

Areas immediately around your home (the “curtilage”) are protected like the home itself. Whether your backyard qualifies depends on fencing, visibility from the street, and how you use the space. Generally, police need a warrant. Open fields beyond your curtilage have less protection.

What if police say they "smelled marijuana" to justify a search?

Marijuana odor claims are now questionable after decriminalization in New York. Officers still use it as a pretext for searches. These claims can be challenged, especially without corroboration or when the search goes far beyond what the smell would justify.

Do police need my permission to search if they have a warrant?

No. A valid warrant gives them authority to search without your consent. But you should examine the warrant to ensure it’s for the correct address and hasn’t expired. You can have your attorney review it. You can refuse to answer questions even if they have a warrant to search.

What happens if evidence is suppressed in my case?

Prosecutors may dismiss charges if the suppressed evidence was critical to their case. They may proceed with any remaining evidence if it’s sufficient. Often they’ll offer a better plea deal because their case is weaker. The outcome depends on what other evidence they have.

Can I sue for illegal search even if they didn't find anything?

Yes, absolutely. The violation of your Fourth Amendment rights is itself compensable. You don’t need to prove damages beyond the search itself. The invasion of your privacy is the harm. Finding nothing doesn’t make the illegal search legal or excuse the violation.

Can I record the police or ask them to turn on their body camera during a traffic stop?

Yes. You can and should ask the police to turn on their body camera. You should also always record (video or audio) the police during a traffic stop or if they are attempting to enter your home. It’s vitally important you focus on their shield number, name plate, license plate of the police car.

Stand Up for Your Fourth Amendment Rights

Privacy rights are foundational to freedom. Illegal searches are never acceptable regardless of what was found. You have power to fight back through criminal and civil remedies. I offer a free consultation to discuss both aspects of your case with coordinated strategies. I work on contingency for civil lawsuits. I have deep Brooklyn experience and proven results.