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.