Search & Seizure Rights
Van Nuys Drug Crimes Defense Lawyer
"Search and seizure" is a phrase that comes up often in criminal investigations and cases, particularly those involving drug crimes. This refers to an action by law enforcement wherein a search is conducted and evidence is seized, in relation to a suspected criminal offense. To conduct a search and seizure, however, law enforcement must have probable cause. This is established by obtaining a valid search warrant issued by the court or may be established in some circumstances when law enforcement has sufficient reason to believe that a crime is currently being committed.
Have you been arrested for a drug crime in Southern California? Do you suspect that you may have been the victim of an illegal search and seizure? Consulting a Van Nuys drug crime attorney is important if you are to get information about your case and your legal rights in this regard.
Unreasonable Search and Seizures in Van Nuys Drug Charges
Search and seizures are directly associated with the Fourth Amendment to the United States Constitution, which essentially protects the rights of Americans against unreasonable search and seizures or warrants that are not backed by probable cause. If law enforcement violates a defendant's rights in this regard, any evidence obtained cannot be used as direct evidence against the defendant. The same principle may apply to any evidence obtained based upon information that was recovered by way of an unreasonable search and seizure. For example, if Bob is arrested for drug possession based upon marijuana that was recovered from his house during a police raid, but it is discovered that the raid was not supported by a warrant or probable cause, this may be grounds for Bob's attorney to file a motion to suppress the drug evidence. The marijuana recovered in the raid would therefore not be able to be used as direct evidence against Bob in criminal court, severely limiting the prosecution's case.
Contact a Van Nuys Drug Crimes Defense Lawyer today for more information about how an unreasonable search and seizure may relate to your drug crime case.