A federal criminal defense lawyer Redwood City CA locals turn to knows that when police arrest someone based on what they find during a search, there may be questions as to the legality of that search. At The Morales Law Firm, we have aggressively fought for client’s rights since 1991. We understand how the violations of someone’s rights can affect the validity of their arrest and will fight accordingly. Allow a Redwood City CA federal criminal defense lawyer from our firm to fight for you, too.
Have Your Rights Been Violated?
If you have been arrested, some of the questions your federal criminal defense lawyer in Redwood City CA may ask you include:
- Was your home searched by police?
- Did the police have a warrant?
- Do you know if there was probable cause for the search?
- Do you believe that the search was unreasonable?
When police suspect criminal activity, they may search a suspect’s house or person, depending on where the crime occurred. However, there are certain protections that the Constitution guarantees individuals against unlawful searches.
The Fourth Amendment to the U.S. Constitution guarantees all people with protection against unlawful searches and seizures of property by law enforcement. When facing a drug charge, having an experienced federal criminal defense lawyer Redwood City CA defendants rely on is essential to a strong defense.
The Fourth Amendment
The Constitution applies to all people – citizens and non-citizens alike. Thus, it is important to know what protections the constitution guarantees you.
- The Fourth Amendment guarantees that people will be free from illegal searches of their person and property. It guarantees that all people will be free from “unreasonable searches and seizures” of your person, your home, and the like.
- The Fourth Amendment guarantees that people will be secure in their persons. In order for law enforcement to subject an individual to search, there must be probable cause for them to believe that a crime was committed.
- The Fourth Amendment states that warrants are needed to search a home (with some exceptions). Typically, in order for law enforcement to search your home they need a warrant. If an officer receives consent to search a home, then the search may be lawful. Further, if there is a probable cause and certain facts and circumstances that warrant a search, then the search may be lawful. Additionally, if items are in plain view of the officer, the items may be subject to search and seizure. A federal criminal defense lawyer Redwood City CA community members trust from our firm can examine your case to determine if any exceptions to the law apply.
What Happens When the Seizure is Unlawful?
When a seizure of evidence is unlawful, the seized evidence is inadmissible against the defendant. After the court determines that law enforcement seized the evidence unlawfully, the it cannot be held against you. Your attorney can petition the court to have inadmissible evidence thrown out under the exclusionary rule.
Contact a Criminal Defense Attorney
If you are charged with a crime, you need an experienced federal criminal defense lawyer Redwood City CA residents choose to protect their rights. At The Morales Law Firm we have experience representing clients charged with drug crimes throughout the state. We will gather all evidence necessary and advocate zealously throughout each step of the process. Call Christopher F. Morales of The Morales Law Firm today at (415) 552-1215 for a free consultation with a federal criminal defense lawyer Redwood City CA offers.