SEARCH & SEIZURE
ILLEGAL SEARCH & SEIZURE
PROTECTING YOUR CONSTITUTIONAL RIGHTS
If you’ve been charged with a crime, it is likely because the prosecutors believe they have obtained evidence that proves that you committed that crime. In the United States, however, people have a right to a certain amount of privacy and security. For that reason, evidence obtained illegally may be suppressed from evidence and not used to convict people of crimes.
SUPPRESSING ILLEGALLY OBTAINED EVIDENCE
Much of the evidence that is used to charge people with crimes like DWI/DUI and illegal drug possession is collected by police or detectives. But there are limits on what the police can do when they are gathering evidence. When they ignore those limits, it may be possible to suppress the evidence they obtain so it cannot be used against you or in a criminal trial.
Depending on the exact circumstances of your specific case, the presence of the following factors might mean that a search or seizure was illegal:
- The police did not have probable cause or reasonable suspicion to search
- The suspect did not give consent for the search
- The consent wasn’t voluntary
- The search involved unreasonable delays
- The police seized property without justification
- The police didn’t have a search warrant to search your property
- The police didn’t follow the conditions of the search warrant
If you believe the evidence against you may have been obtained through an illegal search or seizure, it is important—as always—to contact a Georgetown criminal defense lawyer immediately, before making any statements to anyone else, so your rights can be fully protected.
LOOKING AT THE BIG PICTURE TO ARRIVE AT A STRATEGY
Seeking to suppress evidence on the basis of an illegal search or seizure is an important criminal defense strategy that any attorney should explore. As your attorney, I will examine the facts and determine whether this strategy will be useful in your case, and I will evaluate all other options for helping you avoid or reduce the consequences of conviction.
I’m Clovis Martin, a Georgetown, Texas criminal defense attorney. In every case I accept, I review the details of the arrest to determine whether there might have been an illegal search or seizure. Contact my firm today for help in your case!