What is necessary in order to get your case dismissed based on an illegal search?
Everyone in California and specifically San Fernando Valley has the right not to be searched by the police pursuant to the Fourth Amendment to the United States Constitution.
The searches can’t take a number of different forms. Someone can be illegally stopped on the street. A person can be pulled over and have their car illegally searched. Or, the police can enter someone’s home and illegally search it.
And, in all of these scenarios, without a warrant, probable cause, or the person’s actual consent law enforcement is not allowed to do the searches. If they do, and it can be proved they did not have the person’s permission to do so, all evidence can be thrown out. If the government is relying on this evidence to prove their case, then the entire case to be dismissed.
LEARN WHEN THE POLICE CAN SEARCH SOMEONE’S HOME
In general terms, the police can only search someone’s home if they have a valid search warrant issued by a judge. However, there are a number of exceptions to the search warrant requirement.
The most easy way that I see the police being able to legally search a person’s home is when that person gives them permission / consent to do so. If you agree to let the police search your home them they can do it.
Of course most people do not realize that they can say no to the police when they ask to search their home and most people are not able to say no under the pressure of law enforcement at their door and in their face.
Exigent or emergency circumstances is another way that the police can get inside someone’s home in order to search it. For example, if they are chasing a fleeing felon and the person runs into another person’s home, then they will have the right to chase them in there and apprehend them.
If they actually see something criminal in your home in plain site and they are in a lawful viewing position at the time, then they could enter the home and retrieve the illegal item and would probably be successful in obtaining a search warrant for the rest of the home.
LEARN WHAT CONSTITUTES AND ILLEGAL STOP
In order for the police to stop somebody in public, they must show that they have information related to that person that criminal activity is a foot. In other words they would need to be able to articulate to a judge that they saw or heard something that indicated a particular person they’re going to stop was involved in criminal activity.
Without this they are not able to stop somebody. And, if they do, anything they find can be suppressed and not used against the person. However, law enforcement is permitted to talk to people in a casual manner and let them know that they are investigating a crime. If during that conversation the person makes any incriminating statements, then that could be used against them.
LEARN WHAT CONSTITUTES AN ILLEGAL VEHICLE SEARCH
Just because someone drives their vehicle on the road does not give the police permission to search the vehicle at any time. In order to search a vehicle, the police must be able to prove that probable cause exists that the person is involved in some sort of a crime.
Or, a person can give consent to search, which would then allow the police to do a full search of the vehicle. We have rights related to our car, but we must assert those rights or lose them. Contact the Hedding Law Firm for help.