One of the most compelling defenses for any criminal charge revolves around search & seizure law. The 14th Amendment to the U.S. Constitution says it's unlawful for law enforcement officials to conduct a search of you or your property without justifiable cause or a warrant. The amendment states:
“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.“
Just because investigators and police officers are in a position to enforce the law, does not mean they are above the law. No police officer, investigator, or other official has the automatic authority to search you or your home without a warrant or justifiable cause or reason. When a law enforcement official conducts a search without a court-issued search warrant or without justifiable cause, any evidence found during the search will be deemed inadmissible in court and thrown out.
Why is it a good idea to hire a criminal defense attorney in California?
If you have been arrested on criminal charges, especially drug-related criminal charges, an experienced defense attorney can make sure your rights were not violated and that the investigating officers abided by all state and federal search and seizure laws. A skilled criminal attorney who has extensive experience in handling cases involving search and seizure laws can motion to have any evidence unlawfully obtained thrown out of court, which could lead to a dismissal of your charges. Furthermore, an attorney can also make sure your rights as a citizen are protected, honored, and upheld throughout your entire case.
Contact an East Bay Lawyer
If you are charged with a crime, there may be search and seizure issues that could radically change the tides in your favor. Attorney Lynn Gorelick will review your case with you for such issues, and advise you about your rights and defenses. Call 510-785-1444 to schedule a free initial consultation.