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Nobody Talks, Everybody Walks. Ohio criminal defense lawyer with nearly 40 years experience

“When I was arrested by the Feds on Drug Conspiracy charges, they told me I was facing mandatory life in federal prison without the possibility of parole. I knew that I was innocent, but I was scared . . . so I knew that I would have to find a lawyer who was not afraid of the Feds and would take my case to trial. I chose Greg Robey because he is a fighter. After over 2 weeks in a federal jury trial, I was found Not Guilty of all charges. My family and I am forever grateful to Mr. Robey.” -L.B., Mansfield, Ohio

Expectations of Privacy Under the Fourth Amendment

All too often, the outcome of a criminal case relies on evidence that may have been obtained illegally. The Fourth Amendment of the United States Constitution offers citizens protections against unreasonable searches and seizures. Whether a search by a law enforcement officer was reasonable is not always clear, as any seasoned defense attorney knows. Nor is the definition of the expectation of privacy.

A search may be considered unreasonable if it was conducted in a place where the defendant had an expectation of privacy. The classic example is that police surveillance cameras cannot be installed in a public restroom even if they have probable cause to suspect that an illegal activity is being perpetrated since most people reasonably assume that they have privacy there. In contrast, most people would not consider the front seat of a car to be a private place since it is surrounded by windows and is used to navigate public spaces.

As surveillance technology becomes more advanced, new questions are raised about the boundaries of what is private or not. Is it legal for Internet service providers to turn over user information to the authorities? Do you have the same expectations of privacy in sending an e-mail as you do when mailing a first-class letter through the postal system?

No constitutional right comes with a complete list of all circumstances where it is applicable. Instead, we have a justice system that guarantees defendants the right to a fair trial. Criminal defense attorneys work diligently to protect the legal rights of their clients, including strategies to bar evidence obtained in unreasonable or illegal searches.

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