Justia Lawyer Rating
badge - California DUI Lawyers Association
badge - California Public Defenders Association
badge - Sacramento County Bar Association
badge - The State Bar of California
badge - United States Court of Appeals, Ninth Circuit

Search and Seizure of Person

When examining the variables involved in a DUI case, a seasoned Sacramento Indian DUI attorney will determine any elements of government intrusion or seizure that may have occurred during the encounter. It is important to establish these boundaries in order to properly represent a client in court.

Search

Keep in mind that although your Sacramento Indian DUI attorney will be investigating your case for elements of unreasonable search procedures, police generally don’t need any justification in order to perform certain tasks. For example, they are allowed to shine a flashlight into your car or open window, or approach you in the street to ask you questions. If these things occurred, your lawyer won’t utilize them in your defense. Instead, he or she will attempt to argue for two issues.

  • If you believe that the search was conducted without probable cause or reasonable suspicion, the prosecution may lack justification for the search.
  • If you underwent a search in which your subjective expectation of privacy was challenged, you may have experienced government intrusion and can use this against the prosecution in court.

If society agrees that your expectation of privacy is reasonable, your argument may find support in court. These two points will help your Sacramento Indian DUI attorney establish that you were unlawfully searched and have experienced government intrusion.

Seizure

If, at any point during your encounter with law enforcement officers, you believed that you were not free to leave or end the encounter with the officer, especially if there was some show of force, this may be a violation of your Fourth Amendment rights and constitute seizure of a person. In particular, you may have been subject to seizure of a person if you felt threatened by several officers, if any physical touching occurred, if weapons were displayed, or if the subject simply felt threatened into complying with the officer via certain language or vocal tone.

Contact Us

If search or seizure was a part of your DUI experience, it is imperative that you contact a qualified Sacramento Indian DUI attorney to advise you. Call Param Pabla at (916) 285-7900 to schedule a consultation and receive expert guidance during this difficult experience.

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