A suppression motion can keep unfavorable evidence out if it was illegally obtained.
Under both the United States and California constitutions, you have the right to be free from warrantless searches and seizures. As a practical matter, this means that unless certain circumstances exist, the police must have a warrant to conduct a search. If the police conduct an illegal search or seizure, then the evidence that they gain as a result — include narcotics in a drug case — may be thrown out of court as a result.
A skilled drug defense attorney in Los Angeles, CA will thoroughly investigate the facts of each client’s case to determine if any search of a client’s home, client, phone or any other property was legal. If it was not, then the lawyer may file what is known as a motion to suppress.In a motion to suppress, a lawyer asks the court to exclude — or keep out of court — any evidence that the police obtained as a result of an unlawful search or seizure, and/or to return the property that was illegally taken.
If the police did not have a warrant and there was not a specific situation — such as an emergency— that justified the search or seizure, then it may be considered to be unlawful, and the evidence could be suppressed. But even if the police did have a warrant to search a property, a search or seizure could still be unlawful if the warrant was somehow defective, such as if the police seized evidence that was not described in the warrant. For example, if the police suspected that you were manufacturing methamphetamine in the garage of your home based on information from a confidential informant, they could seek a search warrant from a judge to search your home. The warrant would give them permission to search your home for evidence related to the manufacture of methamphetamine in your garage — such as chemicals and related equipment. It would not give them permission to tear apart your home and search for things that were unrelated to the manufacture of methamphetamine in your garage. If the police decided to look in your personal computer in your bedroom and found evidence that you had downloaded child pornography, then your attorney could file a motion to suppress because the search of your computer was unlawful, as it exceeded the scope of the warrant.
Motions to suppress are complicated, as there are places where you have less of an expectation of privacy — such as your car — and situations where the police have the ability to conduct a search without a warrant, such as if they see an illegal item in plain view. A skilled drug defense attorney in Los Angeles, CA can work with you to determine if you have a potential motion to suppress based on the facts of your case.
At the Chambers Law Firm, our attorneys are dedicated to protecting the constitutional rights of our clients. We work hard to ensure that our clients receive the best possible legal defense to the charges against them. If you have been charged with a drug-related crime, you will need a top-notch drug defense attorney. In Los Angeles, CA, contact our firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
