Unlawful Search and Seizure in California

Not all searches conducted by law enforcement officials are done in a lawful manner. Warrantless seizures and seizures are all presumed to be unlawful, except for carefully limited circumstances justifying state police action.

When police take the time to secure a warrant prior to seizures or searches, the circumstances that allow legal execution of the warrant are many. Those include how a search is conducted, the specificity of property police are allowed to search and/or seize, exactly where specific property is found, and whether or not the information the police provide a judge amounts to "probable cause" to believe their searches will discover evidence of a felony.

The legal question of whether your rights have been violated during the search and seizure, could determine whether or not the evidence and property can be used against you in a court of law. According to the 4th Amendment of the U.S. Constitution, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

If your 4th amendment rights have been violated, our firm may be able to help. When you contact a Solano County criminal defense attorney at our firm, one of our first steps will be to work in close collaboration with you, and can take action to attempt to get property taken during the search returned to you. Our knowledgeable team will also thoroughly review all police reports, conduct our own investigation, and work with experts in the field, all in order to determine whether an unlawful search and seizure has taken place. If there has been any illegal search and seizure, we will fight hard to see that any evidence obtained through this violation of rights is suppressed or excluded in any case against you. This could lead to your acquittal or the charges against you being dropped. With more than 30 years experience representing clients in all kinds of criminal defense cases, our firm has the knowledge of the criminal justice system and defense law you need on your side.

Comments

No Comments Posted