Illegal Search and Seizure

What is an Illegal Search?

Under the 4th Amendment of the Constitution of the United States, you have a right to be free from unreasonable searches and seizures. This right is among the most important rights that a defendant has as an illegal search and seizure can take place in almost any crime that is investigated. The search may take place of your person, car or house with or without a warrant. The evidence seized during this search includes your personal property, physical items at the scene, statements by you or witnesses, drugs, tests and analyses of such drugs, blood samples, and indicia. [1] Even if the search takes place with a warrant, which is an order from the judge, the search can still be found to be unlawful.

What are the Consequences?

In order for the court to find your search or seizure to be unlawful, your defense attorney must ask the court for a hearing. At this hearing, your defense attorney will challenge the testimony of the police officer(s) and show the court that they did not meet the legal standard to conduct the search in question. A court's finding in your favor is one of the most powerful weapons that you have as a defendant. This is because all of the evidence that was seized as a result of this unlawful search will be returned to the defendant or not be used against him at trial. This evidence includes all physical and intangible things such as incriminating statements made by the defendant.

How We can Help You

If you have a case involving an illegal search or seizure, Lavy Law is the best firm to help you win. We have insider's knowledge on how to get your charge dismissed because as a former prosecutor we handled countless suppression hearings. As a trial attorney, we know how to argue and win your case before a judge. As a counselor at law, we know how to empower you during this unfamiliar process just like a coach would during a game.

Read our Recent Cases to see that we have won a case just like your own.

If you are being accused of a crime that involves an illegal search, Contact Us today for a free consultation.

[1] Indicia often means evidence that tends to prove a person's identity or intent. Indicia is always collected during the execution of a search warrant to prove that a person lives in that house, the drugs or weapons in question was theirs, and, if applicable, they had the intent to sell drugs.

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