Special Issues in Search and Seizure

Contrary to what many people understand about Fourth Amendment protections against unreasonable search and seizure, exceptional situations exist that are outside of the amendment’s legal application. If you believe that your arrest grew out of an illegal search, a Sacramento criminal defense attorney can help. However, the following will provide you with some understanding of exceptions to the Fourth Amendment.

The Fourth Amendment provisions only deal with searches conducted by government agencies. A search of your property conducted by a private party is not regulated this way. The ramifications of this are that evidence garnered from a private search can be used against you, even if it was conducted against your will.

In the event that a private search yields evidence in your case, your Sacramento criminal defense attorney will thoroughly investigate the matter. He may be able to argue Fourth Amendment protections if an officer assisted during the search or if the private party conducting the search was doing so to provide evidence to the district attorney or other government agent.

You may also inadvertently yield your right to privacy if you abandon property. For instance, throwing an item into the trash has been successfully argued as a relinquishing of privacy rights. Keep in mind, though, that such relinquishment may be contested. The burden of proof of abandonment rests with the government.

If you are facing criminal charges, it is very important that you hire an experienced Sacramento criminal defense lawyer who will fight for your rights. Call Param Pabla to schedule a consultation today, at (916) 285-7900.