If you are facing criminal charges in California and the charges are based on evidence collected during a search and seizure, it's essential you know your rights when it comes to the Golden State’s search and seizure laws. California has strict search and seizure laws, and your understanding of these laws may greatly impact the outcome of your case.
In this blog post, we'll explain how California's search and seizure laws work, what you can do to protect your Fourth Amendment rights, and what to do if you’re facing criminal charges based on evidence collected during an illegal search and seizure.
What Is the Fourth Amendment?
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. The amendment states that people have a right to be secure in their persons, homes, and belongings. This means that law enforcement officers must have a warrant or probable cause before they can conduct a search or seizure.
When Can Police Conduct a Search Without a Warrant in California?
In some situations, law enforcement officers can conduct searches without a warrant. For example, if they have probable cause to believe a crime is occurring, they can perform a search. Additionally, if a search is conducted during a lawful arrest or in plain view, a warrant may not be necessary.
What Is the Exclusionary Rule and How Does It Impact Searches and Seizures in California?
The Exclusionary Rule is a legal doctrine that prohibits evidence obtained illegally from being used in court. If a search or seizure is conducted without a warrant or probable cause, there’s a chance the evidence collected during that search or seizure is inadmissible in court. The Exclusionary Rule is in place to prevent police officers from violating citizens' Fourth Amendment rights and to discourage them from conducting unlawful searches and seizures.
What Can You Do to Protect Your Fourth Amendment Rights in California?
If you are facing criminal charges in California, it's essential to work with a criminal defense attorney who understands search and seizure laws. Your attorney can review the evidence against you to determine if it was obtained lawfully. If law enforcement officers violated your Fourth Amendment rights, your attorney may argue that the evidence should be excluded from your case.
Contact The Law Office of Brian C. Andritch to Schedule a Free Consultation with Our Experienced Criminal Defense Lawyer in Fresno
As you can see, search and seizure laws in California are complex and can greatly impact the outcome of your case. It's essential that you work with a knowledgeable criminal defense attorney who understands these laws and can help protect your Fourth Amendment rights.
Attorney Brian C. Andritch has been fighting for his clients’ rights for years. He spent years as a Deputy District Attorney before becoming a criminal defense lawyer. Attorney Andritch’s time as a prosecutor gives him an advantage as a defense lawyer because he often knows what moves the prosecution is going to make before they make them, giving him extra time to come up with an effective defense strategy.
As our clients’ testimonials prove, Attorney Andritch’s extensive knowledge of the criminal justice process has served them well throughout the years.
Give us a call at (559) 484-2112 or contact us online today for a free consultation with our dedicated criminal defense attorney in Fresno.