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A Sacramento Criminal Defense Attorney on Warrants and Searches

Search WarrantThe good faith exception has made it very difficult to challenge searches. The exception allows evidence to be admitted at trial even if police violated a person’s privacy rights in obtaining it, as long as authorities were acting in good faith at the time. However, a Sacramento criminal defense lawyer can explain that some courts are willing to find such searches so deficient they can’t be reasonably relied on or that police went beyond the scope of the warrant. Also, many state courts don’t follow the good faith doctrine.

Warrants Must Be Specific

Any warrant should specifically outline the way the evidence relates to the crime so it avoids a general search. A Sacramento criminal defense attorney can explain that a search warrant affidavit must establish probable cause that the person being investigated committed a crime.

The warrant is deemed overly broad if it authorizes a search for things that lack a probable cause. In one case, a court ruled a warrant authorizing the seizure of every file in an insurance fraud investigation of a doctor was too broad. The court further found all evidence seized from the lacking warrant should have been suppressed.

It has become common practice for prosecutors to request warrants for the seizure of computers in all investigations. But, since defendants often don’t plan violent crimes on their computers, defense attorneys can challenge the warrants as overly broad. Courts also have become suspicious of warrants where authorities attempt to name their experiences and expectations as ways to make connections between a crime and evidence they are seeking in an affidavit. Some criminal defense attorneys may consider talking to an investigator or retired officer to determine whether those statements have any basis.

Contact a Sacramento Criminal Defense Lawyer for Assistance

Despite the good faith exemption, attorneys can challenge warrants that are overly broad. If you have legal questions related to a warrant, call Sacramento criminal defense lawyer Param Pabla at (916) 285-7900.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie