Illegal Search and Seizure Attorney NYC

Your home, your car, your phone, and your body are protected by the Constitution. When police violate those protections through illegal searches, you have the right to fight back. At Lovelace Law, I defend New Yorkers whose Fourth Amendment rights have been trampled.

Standing Up Against Illegal Searches

When Police Overstep Constitutional Boundaries

Officers are rifling through your belongings. Fear and anger surge as they invade your personal space.

Your home contains your private life. Your car holds personal items. Your phone contains intimate conversations, photos, and information. When police search without proper authority, they violate all of it.

You watch helplessly. You feel exposed and vulnerable. You’re confused about whether you can refuse.

Even if they found nothing, the damage is done. Your sense of security is shattered. Your trust is broken.

Illegal searches often target certain communities disproportionately. That’s not an accident. That’s a pattern.

I’m so sorry this happened to you. You didn’t deserve this treatment.

Your Fourth Amendment Rights

The Founding Fathers experienced British soldiers searching homes at will. They watched as colonists’ privacy was violated without cause or oversight.

The Fourth Amendment was written specifically to prevent government intrusion into your private life.

You have the right to privacy in your home, papers, and personal effects. Police generally need a warrant based on probable cause before they can search. Warrants must be specific about what they’re searching for and where they’re allowed to look.

Courts use a “reasonable expectation of privacy” standard. If you have a reasonable expectation that something is private, the government needs legal justification to invade that privacy.

These protections apply to everyone: citizens and non-citizens alike.

New York State Constitution provides additional protections beyond federal law. That means you have multiple layers of constitutional rights that police must respect.

Common Illegal Search Situations

I’ve seen every type of illegal search. Here are the most common violations:

Warrantless home entries without genuine emergencies (exigent circumstances)
Car searches claiming "I smell marijuana" without any corroboration
Searching beyond the scope of what the warrant allowed
Searches based on illegal stops (no reasonable suspicion or probable cause)
Forcing entry without announcing who they are (knock and announce violations)
Searching phones without warrants
Overly invasive stop-and-frisk searches that go beyond checking for weapons
Searches based on racial profiling
Extending traffic stops unreasonably just to bring drug dogs
Coerced "consent" searches where you felt you had no choice

If any of these happened to you, your rights were violated. The evidence they found should be suppressed, and you deserve compensation for the violation.

When Police Can Search Without a Warrant

There are exceptions to the warrant requirement. But these exceptions are narrow, and officers often misapply or abuse them.

Consent

Must be truly voluntary, not coerced. You can limit the scope and withdraw consent at any time.

Search incident to lawful arrest

Limited to the area within your immediate control. The arrest itself must be lawful.

Plain view doctrine

The item must be immediately recognizable as evidence or contraband without any manipulation.

Exigent circumstances

Real emergencies only, not manufactured urgency. Someone’s life must be in immediate danger.

Automobile exception

Still requires probable cause that the vehicle contains evidence of a crime. A traffic violation alone doesn’t justify searching your car.

Just because officers claim an exception doesn’t make the search legal. I can challenge whether any exception actually applied to your situation.

Police Need More Than a Hunch

The Constitution demands that police respect your privacy. If they searched your home, car, or phone without a proper warrant or valid legal justification, they violated your rights.
I’ll examine every detail of the search and fight to suppress any evidence obtained illegally. And I’ll hold them accountable.

Evidence from illegal searches must be suppressed. That means it cannot be used against you in criminal court.

The "fruit of the poisonous tree" doctrine extends this protection. If the search was illegal, everything flowing from it is tainted. Evidence discovered as a result of the illegal search also gets suppressed, even if the later discovery was technically legal.

This applies in both criminal cases and civil rights lawsuits.

In criminal proceedings, I file a motion to suppress the evidence. If I win that motion, the prosecution often has no choice but to dismiss the charges. Without their key evidence, they can't prove their case.

This rule exists to deter police misconduct. If officers know illegally obtained evidence won't be usable, they have less incentive to violate constitutional rights.

Civil remedies are available even if your criminal case has already resolved. The illegal search itself gives you grounds to sue.

An illegal search violates your civil rights. That violation has value. You can recover damages for:

Emotional distress from the invasion of privacy
Humiliation and degradation
Property damage during the search
Lost wages if you were detained during or after the search
The violation of your constitutional rights (which has inherent value)

Punitive damages are available when officers' conduct was egregious. If they knowingly violated clearly established law, you can recover additional damages designed to punish that behavior.

Nominal damages apply even if you can't prove tangible harm. The search itself is the harm.

If you prevail, you can recover attorney fees. That's in addition to your damages.

The strength of your case depends on how egregious the violation was and what harm you suffered. But every illegal search is compensable.

Police need probable cause or a warrant to arrest and detain you. Not a hunch. Not suspicion. Probable cause, which means specific facts indicating you likely committed a crime.
For investigative stops (Terry stops), they need reasonable suspicion. This must be brief and based on specific facts suggesting criminal activity. We're talking minutes, not hours.
New York law sets time limits on holding people before arraignment. These limits exist to prevent indefinite detention without judicial review.

You have the right to be informed why you're detained. Officers can't just grab you and refuse to explain. You're entitled to know the basis for losing your freedom.

Understanding the difference between violations:

False arrest: unlawful initial seizure (no probable cause to arrest)
False imprisonment: unlawful continued detention (continuing to hold you after basis for detention ends)
Often arise from the same incident and both claims can be pursued

The Fourth Amendment to the U.S. Constitution protects against unreasonable seizures. New York State Constitution provides additional protections.

You have remedies under both state and federal law. I pursue all available avenues for compensation and accountability.

Time Limits Apply

You must file a Notice of Claim within 90 days for claims against NYC. This is an absolute deadline with very limited exceptions.
Different deadlines apply for federal versus state claims. Statutes of limitations vary, typically ranging from one to three years depending on the type of claim.

Evidence degrades quickly:

Officers will get their stories straight if given time
Body camera footage may be deleted or “lost”
Witnesses’ memories fade
Documents become harder to obtain

It’s best to consult an attorney immediately after an illegal search. Early action preserves your options and strengthens your case.

Our Strategy for Your Case

I start by obtaining the search warrant and supporting affidavit (if a warrant exists). I analyze whether probable cause actually existed based on what the officers knew at the time.

I review body camera and dash camera footage to see what really happened, not just what officers claim happened.

I interview witnesses about what they saw and heard. Independent witnesses often contradict the official police narrative.

I examine whether any consent was truly voluntary. If you were threatened, coerced, or made to believe you had no choice, that’s not valid consent.

I challenge the credibility of officers’ justifications. After 8 years as an NYPD detective, I know the excuses they use. I know which ones hold up and which ones don’t.

When necessary, I consult with Fourth Amendment experts to strengthen your case.

I file motions to suppress in criminal cases to exclude the illegally obtained evidence.

I pursue civil rights damages in federal court under Section 1983.

I have extensive experience in the Eastern District of New York (EDNY), the Southern District of New York (SDNY), and NYC state courts. I know these judges. I know these prosecutors. I know how to win.

Illegal Search and Seizure Lawyers Serving Three NYC Boroughs

Queens

Serving all neighborhoods throughout Queens County with dedicated False Imprisonment

Including: Astoria, Flushing, Jamaica, Long Island City, and all surrounding areas

Bronx

Comprehensive legal services for False Imprisonment cases throughout the Bronx

Including: South Bronx, Fordham, Riverdale, Concourse, and all surrounding areas

Brooklyn

Expert False Imprisonment advocacy for clients throughout Brooklyn and surrounding communities.

Including: Park Slope, Williamsburg, Crown Heights, Bay Ridge, and all surrounding areas

Questions About Illegal Searches

Can police search my car during a traffic stop?

Not automatically. They need probable cause to believe your car contains evidence of a crime, or they need your consent. After marijuana decriminalization in New York, smell of marijuana claims must be scrutinized carefully. Many officers still use this as a pretext for searches we can challenge.

Do I have to let police search if they ask?

No. You have the right to refuse consent to a search. You should clearly say “I do not consent to a search.” Your refusal cannot be used as probable cause to search anyway. Exercising your constitutional right to refuse is never a crime.

Can police search my phone during an arrest?

Generally no. They need a warrant. The Supreme Court case Riley v. California protects cell phones from warrantless searches. Even if you’re arrested, officers cannot search your phone without a warrant. Password protection provides strong constitutional protection.

What if police had a warrant but searched the wrong place?

Warrants must be specific. Searching the wrong address or exceeding the scope of what the warrant authorized can make the search illegal. Whether the mistake is excusable depends on whether it was reasonable under the circumstances. Often it’s not, and the search is invalid.

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

Yes. The violation is in the illegal search itself, not whether evidence was found. Your privacy was violated. That violation is the harm. Finding nothing doesn’t make an illegal search legal or excuse the constitutional violation you suffered.

How long do I have to file a claim for illegal search in NYC?

You have 90 days to file a Notice of Claim against NYC. Different statutes of limitations apply to the actual lawsuit, which varies depending on the type of claim (typically one to three years). The 90-day deadline is critical and has very limited exceptions.

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.

Contact an Illegal Search Attorney

Constitutional protections mean nothing if not enforced. Illegal searches won’t stop until officers are held accountable. I offer free consultations to evaluate your search and seizure case. No fees unless I recover compensation. I handle both criminal defense motions and civil rights claims. Your privacy matters, and I’ll fight to protect it.