Tenacious Criminal Defense Attorney Protecting Los Angeles Area Clients From Illegal Searches
When law enforcement officials suspect you of committing a crime, they will want to gather evidence to support their decision to charge you with a criminal offense. However, one of the founding principles of the American legal system is the protection of civilians from illegal searches and seizures of their property. Police officers must first obtain a warrant before searching or seizing your property, which protects your right to privacy and compels government officials to have clear and legitimate reasons for invading your private residence.
When Your Privacy is Violated
Sometimes, however, suspects are subjected to illegal searches, and many times, these suspects are unaware that their rights have been violated. Eric D. Davis, Attorney at Law understands the nuances of search and seizure laws and is here to aggressively protect your privacy and your rights. If you are facing criminal charges and you think that you have been the victim of an illegal search, call us today to receive high-quality and trustworthy legal representation. Together, we will challenge the illegal search or seizure and help you receive a fair shot at your freedom.
When a Warrant is Needed
Generally, a warrant is needed for law enforcement officers to search or seize property in your home, your computer, your phone, your car, or in bags that you carry. While police may ask you to consent to a search, it is important to know that you are not compelled to give your consent, and it is your right to ask them to obtain a warrant. The process for obtaining a warrant slows down the investigative process, and you may eventually need to allow police to search your property, but until the warrant is obtained, you have the right to your privacy.
Gray Areas of Search and Seizure
There are increasingly more exceptions to the requirement for a warrant, so having a trusted criminal defense attorney to protect your best interests is imperative for defending your privacy and freedom. For instance, a spouse may have given consent for police to search your house without a warrant while you were not present, or incriminating evidence was in plain sight when you spoke with a police officer. No matter the circumstances of the search and seizure, you have a right to understand your options and to know if your rights have been violated. Contact Eric D. Davis, Attorney at Law to get started.
Illegal Searches FAQ
Q: Police took my computer without a warrant. Can information on the computer be used as evidence against me?
A: Under the exclusionary rule, evidence that is gathered from an illegal search or seizure may be excluded as evidence in a criminal proceeding. Your criminal defense attorney will file a motion to suppress the evidence, as it was obtain through unlawful means. A judge will then decide whether the information can be used during the proceeding, as the search itself was invalid. A skilled criminal defense attorney will fight hard to convince the judge to dismiss any evidence obtained through unlawful methods.