What should I do if police search or seize my property?
As our society moves into the 21st century, intrusive search and seizure practices have become more pervasive throughout law enforcement. Police routinely detain, question and search more citizens daily. The Fourth Amendment is definitely under attack by the government. If your property is taken by police, you should contact Jaye Ryan law to secure counsel immediately and investigate your remedies to either seek return of the property, or have the evidence excluded if you are charged with a crime.
Search & Seizure and Your Rights
It is important to know that even though police may believe a crime has been committed, they do not have an automatic right to seize or search a citizen of the United States. As outlined in the 4th Amendment to the United States Constitution, each individual has the right to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
Absent a few, well-delineated exceptions, before law enforcement can legally conduct a search or seize a citizen’s property, they must obtain a warrant from a qualified court authorizing the search. Any evidence collected after an illegal seizure or illegal search is not admissible in court and most prosecutions are dismissed once the Court finds evidence to have been gained illegally and suppresses the evidence.
Choosing the Right Attorney
If you believe that you have been either unlawfully detained or searched and have been charged with a crime, it is imperative that you consult with a knowledgeable criminal defense attorney who has experience in successfully litigating illegal search issues. The right attorney can have incriminating evidence excluded, which can strengthen your defense, and most likely lead to the dismissal of your criminal charges.
Contra Costa County Search & Seizure Attorney
At Jaye Ryan Law, we have vast experience representing clients who have been subjected to unlawful searches. More importantly, we have had success in court proving the searches were illegal, resulting in many dismissals of serious felony cases. If you are in Concord, Antioch, Richmond or anywhere in the County, contact us immediately for a consultation.