Constitutional Issues

Municipal Court practice requires extensive knowledge of constitutional law issues, including the 4th Amendment and its application to unreasonable search and seizure. We have filed legal briefs on illegal searches of persons, cars and homes. These are complicated cases requiring a careful review of the law, and detailed application of the facts in each clients unique situation.

If the Police do not have a right to stop a vehicle, or search a person, or enter a home, evidence obtained as a result of that wrongful stop can’t be used in Court. If the stop is wrong, the evidence is thrown out – if the tree is poison, you can’t use the fruit.

There are written Court decisions on many Constitutional law issues that explain what police can or can’t do. We are versed in those cases and in the law. 

The Law Office of Jay Weinberg includes analysis of all constitutional implications in every Municipal Court case. Often a great result is achieved through such diligent work.