Unlawful Search and Seizure in Solano County
Defense from Our Solano County Criminal Attorneys
In light of granting law enforcement and authorities the ability to act
in the best interest and safety of society, the founders of this nation
sought a way to encourage a country full of law abiding citizens while
still protecting individual rights to privacy and property. One of these
rights is protected specifically by the Fourth Amendment of the Constitution,
which states that an individual cannot be made subject to an unlawful
search of their person or their property without a legal warrant.
The purpose of this limitation placed on law enforcement is to preserve
the integrity of the justice system by requiring investigators to gather
evidence enough to warrant the invasion of one's privacy. The Fourth
Amendment does not rule out all searches and seizures, it simply limits
the freedom of police officers to conducting those which are reasonable.
This means that there may be situations in which it is "reasonable"
for the police to override your rights to privacy concerning your private
property. There are generally two scenarios that qualify as "reasonable"
in the eyes of the law concerning searches and seizures.
Police officers may conduct a search of a person's property without
their consent if:
- The court issues a warrant after the police demonstrate probable cause
to suspect the individual of criminal activity.
- Circumstances are such that they justify a search with a warrant, usually
because the police are concerned for public safety in the face of an eminent threat.
Basics of the Crime
One common misconception about unlawful searches and seizures is that a
person's charges may be dropped if the police conducted an unwarranted
search. However, the right to a lawful search does not trump the law enforcement's
duty to enforce the state and national criminal laws. It simply seeks
to create a balance between the need for criminal justice and the desire
for fair procedures. An unlawful search and seizure does not justify a
The only thing that may be possible if the police are found to have acted
outside of the bounds of the law is that the evidence they gathered from
that search be excluded from the prosecutors' case against the defendant.
This would mean that any information or support that is found in that
search, no matter how much it implicates the defendant, would be thrown
out. Furthermore, this exclusion would apply to any evidence that is gathered
through the information obtained in the unlawful search. This is known
as the "fruit of the poisonous tree" doctrine.
Defense Lawyers Fighting Illegal Search and Seizures in California
Contact a Solano County criminal defense lawyer at Maas Law Offices today if you believe that you were the victim of an
unlawful search and seizure. By reviewing your case, conducting an independent
investigation, reviewing police reports and working with experts in the
field, an experienced criminal defense lawyer can determine whether an
unlawful search and seizure may have occurred. If it did occur, your lawyer
will then need to prove this.
Proving an unlawful search and seizure may mean that key evidence is excluded
from your case, and this can lead to an acquittal or even dropped charges
in some cases. Whether you are facing charges of any of the following,
a Fairfield criminal defense attorney at our firm can help:
We are proud to serve clients throughout Solano County, CA, including