{"id":10205,"date":"2023-01-20T06:55:27","date_gmt":"2023-01-20T14:55:27","guid":{"rendered":"https:\/\/strongestdefense.com\/?page_id=10205"},"modified":"2023-06-19T08:25:06","modified_gmt":"2023-06-19T15:25:06","slug":"search-and-seizure","status":"publish","type":"page","link":"https:\/\/strongestdefense.com\/search-and-seizure\/","title":{"rendered":"Illegal Search and Seizure Attorney in Ventura CA"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Our <\/span><a href=\"https:\/\/strongestdefense.com\/\"><span style=\"font-weight: 400;\">Ventura criminal defense lawyers<\/span><\/a><span style=\"font-weight: 400;\"> 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.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">To help you <\/span><b>get through your difficult situation and restore your peace of mind<\/b><span style=\"font-weight: 400;\">, call us today!\u00a0<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><b>Why do I need an Illegal Search and Seizure Attorney in California?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Here are some of the things that make an excellent illegal search and seizure lawyer in Ventura, CA:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Experience<\/b><span style=\"font-weight: 400;\"> &#8211; 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.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Knowledge<\/b><span style=\"font-weight: 400;\"> &#8211; 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.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Reputation<\/b><span style=\"font-weight: 400;\"> &#8211; 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.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">You can trust our years of experience in this field, our knowledge, and the many cases we&#8217;ve won. There&#8217;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.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><b>What Is Search &amp; Seizure?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Victims of illegal searches may seek to have any evidence obtained illegally excluded from the trial.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This is true for both actions taken by:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">Federal law enforcement (such as the FBI), as well as\u00a0<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">state and local police searches that result in criminal charges in California state court.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">According to the Fourth Amendment&#8217;s prohibition on unreasonable searches and seizures, police may not search you or your property unless one of the following conditions is met:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">They have a valid search warrant issued by a judge, OR<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">The search falls under one of several warrant exceptions recognized by federal and California courts.<\/span><\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2><b>What are the Requirements for Police Search Warrants in California?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The following are examples of grounds for which a search warrant may be issued in California:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">If the property in question was allegedly stolen<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">If the seized property was allegedly used to commit a felony, the search warrant would be denied.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">If the property sought is evidence that a felony has occurred or you have committed a felony, you will be arrested.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">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<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">If the desired possession contains child pornography<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">If a warrant for arrest has already been issued.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">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.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Before issuing a search warrant, a judge must have probable cause.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h3><b>Probable cause<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">The phrase &#8220;probable cause&#8221; is a legal term. It refers to a <\/span><b>&#8220;reasonable&#8221;<\/b><span style=\"font-weight: 400;\"> belief that criminal activity is occurring (or has occurred).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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 &#8220;affidavit&#8221;) will be found in the searched location.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><b>Affidavits are subject to perjury.<\/b><\/p>\n<p>&nbsp;<\/p>\n<h3><b>What are the Exceptions to the Warrant Requirement?<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">An <\/span><a href=\"https:\/\/strongestdefense.com\/violent-crimes\/criminal-law-defense\/\"><span style=\"font-weight: 400;\">experienced criminal defense attorney<\/span><\/a><span style=\"font-weight: 400;\"> can explain whether a warrant was necessary for your specific circumstances, but some general exceptions include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">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.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">The search was carried out in connection with a lawful arrest, such as when police pat you down to search for weapons after you&#8217;ve been arrested.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">When there is an imminent danger to someone&#8217;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.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">The item is visible and incriminating, such as a baggie of marijuana sitting on the passenger seat of your car when you&#8217;re pulled over for speeding.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">The property was made available to the public, such as when the police searched your trash after you placed it on the curb.<\/span><\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2><b>What are Considered Illegal Searches and Seizures?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><b>What is Needed to Obtain a Search Warrant?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><b>Can the Police Search Anywhere They Please if They have a Warrant?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">The search warrant&#8217;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.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><b>What if I&#8217;m Unlawfully Searched or Seized?<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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 <\/span><b>&#8220;exclusionary rule&#8221;<\/b><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">A Penal Code 1538.5 PC motion to suppress evidence, a crucial kind of California pretrial motion, is typically used to accomplish this.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><b>Call our Ventura CA Illegal Search and Seizure Attorney Now!<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">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.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":7567,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"acf":[],"_links":{"self":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/pages\/10205"}],"collection":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/comments?post=10205"}],"version-history":[{"count":2,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/pages\/10205\/revisions"}],"predecessor-version":[{"id":10301,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/pages\/10205\/revisions\/10301"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/media\/7567"}],"wp:attachment":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/media?parent=10205"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}