Experiencing illegal search and seizure? Letting unwanted strangers look through your personal belongings could make you feel violated. But this violation can lead to more. Being unlawfully searched or arrested may lead to criminal charges and even imprisonment. If you are looking for the right illegal search and seizure attorney Ventura CA ,our skilled lawyers at David Lehr are here to help you.
Our Ventura criminal defense lawyers offer legal services with an eye for detail and easily handle criminal cases like yours. Feel at ease knowing that your criminal charges are in good hands as you trust a Ventura lawyer who will follow up on every lead, gather all possible evidence, speak on your behalf in court, and work hard until you achieve a positive result.
To help you get through your difficult situation and restore your peace of mind, call us today!
Why do I need an Illegal Search and Seizure Attorney in California?
If you have been arrested and charged with a crime, you must know that your rights may have been violated. Search and seizure is an important right that needs to be taken seriously by all law enforcement officials. The defense lawyers of Strongest Defense in Ventura, CA, can help you understand your rights regarding search and seizure.
Here are some of the things that make an excellent illegal search and seizure lawyer in Ventura, CA:
- Experience – When it comes to the law and all its intricacies, experience is a huge thing. If you are considering hiring Strongest Defense for your Illegal Search and Seizure Attorney Ventura CA, you can be sure that they are well aware of the details of your case, which will help them to make better decisions about how to handle it.
- Knowledge – Strongest Defense also has an in-depth understanding of the law, whether it be the Illegal Search and Seizure Law Ventura CA or any other area of criminal defense law. This knowledge allows them to identify where they can help you and what arguments they need to make to win your case.
- Reputation – Strongest Defense has built up a reputation for working hard on behalf of its clients and obtaining successful results. They have been working with clients for many years and have gained a lot of experience dealing with a wide range of cases, so they know precisely how best to handle yours.
You can trust our years of experience in this field, our knowledge, and the many cases we’ve won. There’s no question that our firm is the one you want to contact today. Call us today or contact us online to schedule a consultation.
What Is Search & Seizure?
California law protects residents from unreasonable police intrusion into their homes, vehicles, persons, and other property. These safeguards are based on state law and the Fourth Amendment to the United States Constitution.
Victims of illegal searches may seek to have any evidence obtained illegally excluded from the trial.
This is true for both actions taken by:
- Federal law enforcement (such as the FBI), as well as
- state and local police searches that result in criminal charges in California state court.
According to the Fourth Amendment’s prohibition on unreasonable searches and seizures, police may not search you or your property unless one of the following conditions is met:
- They have a valid search warrant issued by a judge, OR
- The search falls under one of several warrant exceptions recognized by federal and California courts.
What are the Requirements for Police Search Warrants in California?
For law enforcement to obtain a search warrant in California, they must fulfill several requirements. They must provide reasonable suspicion that the locations to be searched contain evidence, instruments, or products of criminal activity.
The following are examples of grounds for which a search warrant may be issued in California:
- If the property in question was allegedly stolen
- If the seized property was allegedly used to commit a felony, the search warrant would be denied.
- If the property sought is evidence that a felony has occurred or you have committed a felony, you will be arrested.
- If the sought property has someone who intends to use it to commit a crime or in possession of another to whom they may have delivered it to conceal it or prevent it from being discovered, or if the sought property has another to whom they may have delivered it to conceal it or prevent
- If the desired possession contains child pornography
- If a warrant for arrest has already been issued.
Note that a particular procedure will be followed before seizing that evidence if the sought-after property is held by an attorney, physician, psychotherapist, or clergy member. Even so, the attorney, physician, therapist, or minister must be the suspect in the alleged criminal act.
Before issuing a search warrant, a judge must have probable cause.
The phrase “probable cause” is a legal term. It refers to a “reasonable” belief that criminal activity is occurring (or has occurred).
Before issuing a search warrant, a judge must reasonably believe that the person or property specifically described in the warrant application (also known as an “affidavit”) will be found in the searched location.
These affidavits can be written or oral and can be delivered in person, over the phone, by fax, or even via e-mail. They must also include the facts that establish the basis for the application or the probable cause for believing it exists.
Affidavits are subject to perjury.
What are the Exceptions to the Warrant Requirement?
An experienced criminal defense attorney can explain whether a warrant was necessary for your specific circumstances, but some general exceptions include:
- You or another authorized person consented to the search; for example, if the police want to search your house and your spouse consented while you were not present.
- The search was carried out in connection with a lawful arrest, such as when police pat you down to search for weapons after you’ve been arrested.
- When there is an imminent danger to someone’s life or a serious threat to property damage, for example, police enter the property because they see smoke that indicates the property is on fire.
- The item is visible and incriminating, such as a baggie of marijuana sitting on the passenger seat of your car when you’re pulled over for speeding.
- The property was made available to the public, such as when the police searched your trash after you placed it on the curb.
What are Considered Illegal Searches and Seizures?
In general, if a search or seizure takes place without authorization, a warrant, or reasonable suspicion that a crime has been committed, it is prohibited by the Fourth Amendment.
What is Needed to Obtain a Search Warrant?
A law enforcement official must request a search warrant in good faith based on evidence that establishes probable cause to search. A judge must also sign the warrant, which must specify the location to be searched and the items that need to be found.
Can the Police Search Anywhere They Please if They have a Warrant?
The search warrant’s specified area is the only one that police may enter. For instance, they could only search your home with a warrant to search your car. However, if the items are in plain view, they can search outside the boundaries of the warrant and take them. They can take action to stop the loss of evidence.
What if I’m Unlawfully Searched or Seized?
You could ask the court to exclude this evidence from your case if you were the subject of an unauthorized police search or seizure along with your California criminal defense lawyer. This is commonly referred to as the “exclusionary rule”.
A Penal Code 1538.5 PC motion to suppress evidence, a crucial kind of California pretrial motion, is typically used to accomplish this.
Call our Ventura CA Illegal Search and Seizure Attorney Now!
Any one of the Illegal Search and Seizure violations can result in severe consequences if you do not act quickly and consult with an experienced Ventura, CA, criminal defense lawyer.
Strongest Defense is an experienced criminal defense law firm in Ventura County and can help you now avoid an illegal arrest and police abuse. Call today to schedule a free initial consultation.