You have the right to be free from unlawful searches and seizures under the constitutions of both the United States and California. Practically speaking, this means that the police need a warrant to conduct a search unless specific conditions apply. The evidence that the police get as a result of an illegal search or seizure, such as drugs in a drug case, may be excluded from consideration in court.
If a client’s home, person, phone, or any other property was searched, a knowledgeable drug defense attorney will carefully review the circumstances of each client’s case to establish whether the search was lawful. In the event that it wasn’t, the attorney may submit a motion to suppress. A lawyer requests the court to exclude or keep out of court any evidence that the police obtained as a result of an unauthorized search or seizure, as well as to restore any illegally taken property, in a motion to suppress.
Keep reading to learn more and contact Chambers Law Firm at 714-760-4088 if you have been charged with or accused of a drug crime and require help from an experienced criminal defense attorney.
Illegal search and seizure
The police may have violated the law and the evidence may have been suppressed if they searched or seized something without a warrant and without a stated reason, such an emergency. However, even if the police have a warrant to search a property, a search or seizure can still be illegal if there was a flaw in the order, such as if the officers took material that wasn’t listed in the request.
For instance, if the police had information from a confidential informant that you were making methamphetamine in your garage, they may ask a judge for a search warrant so they could investigate your house. The search warrant would allow them to look around your house for chemicals and other materials that might be used in your garage to make methamphetamine. It wouldn’t give them the go-ahead to search through your house and garage for items unrelated to the production of methamphetamine.
If the police searched your computer in your bedroom and discovered evidence that you had downloaded child pornography, your attorney might submit a request to suppress because the search of your computer was illegal and went beyond the parameters of the warrant.
Not all searches require warrants
There are areas where you have less of an expectation of privacy, like your car, and circumstances where the police can conduct a search without a warrant, including if they see an illicit object in plain view, which makes motions to suppress challenging. If you have a potential motion to suppress based on the circumstances of your case, a knowledgeable drug defense attorney in may assist you in determining whether you have one.
Our attorneys at Chambers Law Firm are committed to defending the constitutional rights of our clients. We put a lot of effort into making sure that our clients have the strongest legal defense against the accusations made against them. A top-notch drug defense attorney is necessary if you have been accused of a drug-related felony. To arrange a free initial consultation, get in touch with our office in at 714-760-4088.