What's the Process of Challenging Unlawful Searches and Seizures?
In California, the protection against unlawful searches and seizures is one of the fundamental rights afforded to every individual under the Fourth Amendment of the U.S. Constitution.
This right confirms that law enforcement officers can't search or seize property without a valid reason. However, there are times when police officers violate this right, and a challenge to an unlawful search or seizure may be necessary.
As a criminal defense attorney at McCready Law Group, I’ve seen firsthand how improper searches and seizures can have serious consequences for those facing criminal charges.
Here, I'll break down the process of challenging an unlawful search and seizure under California law and explain how I can help you protect your rights.
When Is a Search or Seizure Unlawful?
A search or seizure may be considered unlawful under several circumstances, and in each of these cases, you could challenge the evidence obtained. Here are some of the most common reasons a search or seizure may be unlawful under California law:
Lack of probable cause: Law enforcement must have a reasonable belief that a crime has been committed or that evidence of a crime exists in the location they want to search. If an officer lacks probable cause, their search may be deemed unlawful.
No search warrant: In most cases, a search warrant is required for a search to be legal. Without a warrant, an officer must have probable cause and meet one of the exceptions to the warrant requirement, such as consent or exigent circumstances.
Improper warrant: Even if law enforcement has a search warrant, it can still be invalid if the warrant was issued improperly. For example, if the warrant isn't based on sufficient evidence or is overly broad in scope, it could be challenged.
Search beyond the scope of consent: If you consent to a search, law enforcement can only search the areas or property that you permit. If they go beyond the scope of your consent, the search may become unlawful.
Exigent circumstances: There are certain exceptions where police don't need a warrant, such as when there are exigent circumstances. However, these exceptions are narrowly defined, and if an officer oversteps the bounds of exigency, the search could be unlawful.
Challenging unlawful searches and seizures is crucial in protecting your constitutional rights and making sure that evidence obtained unlawfully doesn't end up being used against you in court. In criminal defense cases, the outcome often hinges on the evidence presented.
The Importance of Challenging Unlawful Searches and Seizures
If the prosecution relies on evidence obtained through an unlawful search or seizure, it can be grounds for suppression, meaning that the court may rule that the evidence can't be used at trial.
As your criminal defense attorney at McCready Law Group, I'll investigate every detail of the search or seizure to determine whether it was conducted lawfully. If it wasn’t, I'll pursue every avenue to exclude the evidence and protect your rights.
The exclusion of evidence can be a game-changer in criminal defense cases, potentially leading to reduced charges, dismissed cases, or even an acquittal.
How to Challenge an Unlawful Search and Seizure in California
The process of challenging an unlawful search and seizure in California usually involves filing a motion to suppress evidence. This legal motion asks the court to exclude evidence obtained through an illegal search or seizure. Here’s how the process works:
Review of the Case and Investigation of the Search
As your criminal defense attorney, the first thing I'll do is thoroughly review the circumstances surrounding your case. I'll analyze the police reports, witness statements, and any other available evidence. This includes examining whether there was probable cause, whether a search warrant was obtained, and whether the officers followed the proper procedures.
If law enforcement conducted a search without a warrant or reasonable cause, or if they overstepped the bounds of consent, I'll begin gathering evidence to support this claim. This may involve requesting footage from body cameras or dash cams, interviewing witnesses, or requesting police radio communications.
Filing a Motion to Suppress Evidence
Once I’ve reviewed the evidence and determined that there may have been an unlawful search or seizure, the next step is to file a motion to suppress evidence. A motion to suppress is a formal request made to the court asking that evidence obtained through an illegal search or seizure be excluded from the trial.
In California, a motion to suppress must be filed within a reasonable time after the defendant is charged with a crime. This motion outlines the legal reasons why the search or seizure was unlawful and provides evidence supporting this claim. I'll argue that any evidence obtained as a result of the unlawful search should be excluded from the case.
Pretrial Hearing
After the motion to suppress is filed, the court will schedule a pretrial hearing, sometimes called a suppression hearing. This is where I'll present the argument that the search or seizure was unlawful and that the evidence should be excluded.
At this hearing, the judge will evaluate whether the police acted within the boundaries of the law and if the evidence should be suppressed.
The prosecution will have an opportunity to present evidence showing that the search or seizure was valid. However, as your criminal defense attorney, I'll challenge their claims, cross-examine witnesses, and present any evidence that supports our position that the search or seizure was unlawful.
Court’s Ruling on the Motion to Suppress
After hearing both sides, the judge will make a decision. If the judge rules in our favor and suppresses the evidence, it may significantly weaken the prosecution’s case. Without this evidence, the charges may be dismissed, or the case may be significantly reduced.
If the judge denies the motion to suppress, the evidence obtained during the unlawful search or seizure will remain in the case. However, this doesn’t necessarily mean the end of the road. As your criminal defense attorney, I'll continue to explore other legal strategies to weaken the prosecution’s case.
Trial
If the motion to suppress is denied and the case proceeds to trial, I'll continue to fight for your rights by challenging the prosecution’s evidence. Even if unlawful evidence is allowed, I'll work to undermine the strength of that evidence and highlight any weaknesses in the prosecution’s case.
Legal Considerations
In some cases, even if a search or seizure is deemed unlawful, it may still be possible for the prosecution to use certain evidence under specific circumstances. For example, the “good faith exception” may apply if law enforcement officers conducted the search or seizure in reliance on a search warrant that they believed to be valid, but which was later found to be defective.
While the good faith exception can sometimes allow evidence obtained in violation of the Fourth Amendment to be admitted in court, it's not always applicable. As your criminal defense attorney, I'll work to argue that the exception shouldn't apply and that the evidence should still be excluded.
Contact a Criminal Defense Attorney Today
At McCready Law Group, I'm committed to investigating every detail of your case and providing the criminal defense you need to challenge unlawful searches and seizures effectively. I’m proud to serve clients in Irvine, Long Beach, Santa Ana, Fountain Valley, Huntington Beach, Riverside, Garden Grove, and Pasadena. Contact me today to schedule a consultation.