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What is Illegal Search & Seizure?

What is an Illegal Search and Seizure?

Solano County Search and Seizure Attorneys

An illegal search and seizure is one performed when law enforcement does not have the right to search your person or property. For example, a sudden search of a driver’s motor vehicle after a speeding ticket stop may constitute an illegal search and seizure if the law enforcement officer did not have probable cause to believe that the driver had committed another crime. The same may apply to an officer who stops a pedestrian on the street and searches his person for no reason except a hunch or a whim.

Searching a person’s home without a valid search warrant may also mean that the search was illegal. If you have been the victim of an illegal search and seizure, it is not too late to take action and ensure that your rights are protected. The Vallejo search and seizure attorneys at Maas and Russo can help you. We represent clients in cases involving illegal searches and seizures throughout Solano County and Napa County, California. We offer a free case evaluation to discuss your legal matter.

What Constitutes a Valid Search and Seizure?

There are situations where a search and seizure will be legal. If law enforcement has a valid search warrant, they may conduct a search in the areas the warrant specifies. If law enforcement sees evidence in plain view (such as in the front seat of a car) this does not constitute an illegal search. In that case, the person could not have expected a reasonable degree of privacy for something which was in plain view.

Law enforcement may also conduct a search in some situations where they have probable cause to believe that a criminal offense is occurring (such as entering a property if they hear gunshots and noise of a fight inside.) A private security officer does not have to comply with search and seizure laws as he or she is not a government employee.

Solano County Defense Lawyers

With the proper aggressive representation by a skilled lawyer, you may be able to fight your criminal charges and win. If you were in fact the victim of an illegal search and seizure, your lawyer will have to prove this in order to have the evidence obtained in that search suppressed and not used against you as direct evidence in court.

If you would like to learn more about how an illegal search and seizure can affect your criminal case, contact our Solano County criminal defense attorneys at our firm today!

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