Search And Seizure Violations In San Diego

Your Constitutional Rights

Under the Constitution, you have the right to be protected against illegal searches and seizures.  There are very specific laws governing search and seizure and protecting those who live in the country against violations.   Overall, the police may not conduct a search of your person, property or residence without probable cause --  reason to believe a crime has been committed or is about to be.   Even when this requirement is met, a search warrant may be required before they may perform a search.  

A warrant is not required in certain circumstances.  If you give permission for the search, it is considered agreed to by the individual, and thus legal.   A police officer is not required to advise you of your right to deny permission, so it is vital you keep this in mind.   Searches can also be made immediately in emergency situations, for example, if they or the public appear to be in imminent danger.   If they observe contraband in plain view, they are allowed to enter the area and seize those items.   After an arrest is made, they may search the person and immediate surroundings.

San Diego Criminal Defense Attorney

If you feel you may been the victim of an illegal search or seizure, contact a San Diego criminal defense lawyer right away.  The rules and exceptions surrounding this subject are quite complex and a legal professional can help to determine your legal standing per your particular circumstances.   Evidence procured by illegal search and seizure is not admissible in court and is a strong defense when it applies.  The legal team at Superior Law Center is passionate about seeing that your rights are protected.   We can advise on how an illegal search or seizure may affect your case as well as your options for legal action.  

Contact a San Diego criminal defense attorney if you feel the search and seizure you underwent may have been illegal.