Does Your Case Have a Search & Seizure Issue?
If you have been arrested on a criminal charge, you should find out if the police obtained any evidence against you in a search or seizure. If so, you may be able to contest the search or seizure as unlawful. A Sacramento criminal defense attorney can help you find out if your case has a search or seizure issue.
The primary goal in claiming that search and seizure is illegal it to have the evidence from it suppressed. In some cases such as drug possession or weapon possession cases, this suppression would be fatal to the prosecution’s case. Search and seizure challenges also provide an important function in that they allow your defense attorney to discover some of the evidence the prosecution plans to use at trial.
Most searches are conducted without a warrant, and if the police lack a warrant, the prosecution must introduce evidence to prove that the search was legal. This requires them to prove that the police had probable cause to believe you committed a crime or that you had evidence of a crime in your possession or proximity. To satisfy this burden, the prosecution must show some its evidence. The prosecution’s written response to your Sacramento criminal defense attorney’s motion to suppress will provide an excellent opportunity for discovery of what the prosecution has planned.
Your attorney might ask you the following questions to determine if your case has a valid suppression issue:
- Did the police stop or arrest you? If so, anything taken from you or anything you said the police may be suppressible.
- Did the police take anything from you, such as your wallet or briefcase, or did they inspect anything belonging to you, such as books or computers?
- Did the police investigate further by opening containers or files?
- Did the police examine any bodily substance taken from you, such as hair or blood? Did they examine your body?
- Did the police enter or search your home or the area around your home? Did they search your place of business or any other place with which you have a connection?
- Did the police wiretap you or intercept any of your communications?
- Did the police use any special technology to monitor your activities or see someplace where you had an expectation of privacy?
A “yes” answer to any of these may indicate that your case has a valid suppression issue. Contact experienced Sacramento criminal defense attorney Param Pabla if you have further questions about your case.