The 4th Amendment to the U.S. Constitution enshrines the right to safeguard citizens against unreasonable searches and seizures by the law enforcement agencies. If you perceive that you have fallen prey to an unjustified search or seizure, reach out to our skilled lawyers at Simmons Wagner, LLP today at (949) 439-5857. We can help you uphold and defend your rights and will start with a free legal consultation.
What Constitutes an Unjust Search and Seizure?
The 4th Amendment aims to shield the public’s reasonable privacy expectations against government agents’ intrusion. Searches and seizures are deemed unjust if they are carried out in the following manners:
- In the absence of a legal search warrant ratified by a judge
- Without valid grounds to presume the presence of criminal evidence
- Surpassing the lawful boundaries of the search and seizure
Understanding the Concept of a Search Warrant
A search warrant is an official permit that authorizes law enforcement agencies to investigate a person or a location for criminal evidence. For a search warrant to be legal, it must fulfil the following criteria:
- Backed by probable cause
- Sworn to a neutral and detached magistrate
- Explicitly mentioning the area to be searched and the person or objects to be confiscated
If these elements are not satisfied, the warrant is rendered invalid, and any subsequent search or seizure is illegal. Nonetheless, certain exceptions to the warrant requirement do exist, permitting law enforcement officers to:
- Confiscate items in “plain view” during a lawful search without a warrant for those specific items
- Inspect vehicles without a warrant if there is probable cause to suspect it harbors evidence of illegal activity
- Carry out warrantless searches connected to a lawful arrest
- Conduct warrantless searches and seizures during emergencies to prevent violence or evidence destruction
- Execute swift and limited exploration of premises without a warrant
The Role of the Exclusionary Rule
The exclusionary rule stipulates that evidence illegally obtained must be left out of criminal trials. This implies that if you were subjected to an unjust search and seizure, any evidence discovered cannot be used against you in a court of law. Furthermore, if such evidence leads law enforcement to additional evidence, the exclusionary rule extends to this newly discovered evidence as well. This rule is designed to dissuade law enforcement from abusive searches and seizures and offer remedies for those whose rights have been infringed.
How to Respond to an Unjust Search and Seizure?
If you are a victim of an unjust search and seizure, any evidence gathered from that incident must be suppressed and cannot be utilized against you during the trial. The primary step you should take is to engage a proficient criminal defense lawyer. Your attorney can file a motion to suppress the unlawfully acquired evidence even before your trial commences.
This procedure is referred to as a Penal Code 1538.5 motion and requests the court to exclude evidence procured through an invalid search and seizure. If this motion is approved and the excluded evidence is crucial to the prosecution’s case, your attorney might succeed in having your charges dismissed entirely. Contact Simmons Wagner, LLP at (949) 439-5857 to discuss your case with a criminal defense attorney.