California Search & Seizure: Know Your Rights

Protect Yourself. Call Our Team. (559) 484-2112

We all know that law enforcement officers are here to protect citizens and to uphold the law. However, they are equally obligated to abide by the laws that protect suspects. “Search and seizure” may seem confusing to suspects if they don’t know their rights. It is best to discuss the circumstances of your case with an experienced attorney who understands the legalities regarding lawful and unlawful searches and seizures of property.

If you were arrested and the evidence in your case was obtained by unlawful search and seizure, or you were subject to a violation of reasonable privacy, your case may be riding on illegally obtained evidence. Contact our Fresno criminal defense attorney at The Law Office of Brian C. Andritch to discuss the circumstances of your case.

What Makes a Search Legal or Illegal?

The circumstances of an officer’s search are critical when evidence is the key focus of a case. Your freedom and your privileges may be at stake. The Forth Amendment restricts the power of law enforcement to make arrests, conduct searches, and seize property. Knowing your rights and how you are protected can help you make decisions if you are involved in an arrest situation.

It is legal for law enforcement to search your property if:

  • Police have a valid warrant
  • You have given consent for a search
  • Police have probably cause for search
  • A suspect has no reasonable expectation of privacy

Examples of an unlawful search would include:

  • You are pulled over for speeding and the police state that they saw you put something under your seat. If there is no reason for a search other than that observation, the search may be considered unlawful.
  • If you are being placed under arrest for a crime not involving evidence in your vehicle, such as drinking and driving where you confess to be on your way home from a restaurant or party, there is no reason for a search of your vehicle. This would be especially true when complying with all police orders and if you are already in the back of the patrol car.

Property that is seized as evidence during an unlawful search may end up being inadmissible in court, so the circumstances of your arrest are critical to your case.

Request a Free Consultation (559) 484-2112

If you have been victim of an unlawful search and seizure, or if you believe law enforcement violated your rights to privacy, our team want to help. We know your rights and we understand that sometimes, law enforcement officers can jump to conclusions or push the limits of what they are allowed to do regarding suspects. Our team of Fresno criminal defense lawyers are dedicated to making sure that our clients know their rights and are given a fair chance during their case proceedings. Let us help you fight unlawful search or unlawfully seized evidence.

Contact our team to discuss your case today at(559) 484-2112.

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