BLOG

SUMMIT CRIMINAL DEFENSE BLOG

Category: Criminal Defense

What is the exclusionary rule?

Rabin Nabizadeh
April 14, 2025
At Summit Defense, our criminal defense attorneys know that the exclusionary rule protects your Constitutional rights when facing criminal charges. This legal rule stops police officers from using evidence they got through illegal searches. When a law enforcement official breaks the law while gathering evidence, courts can order the evidence inadmissible, preventing its use against [...]

Can the police search a car that has been towed?

Rabin Nabizadeh
April 13, 2025
Police searches of vehicles are common in criminal cases. But many people don’t know their rights when a car gets towed or impounded. A big question we often hear is: Can police officers search a towed vehicle without a warrant? This question involves your constitutional rights under the Fourth Amendment. Police may claim a legal basis for searching a car [...]

Can tangible evidence be admitted if it was discovered because of a Miranda violation?

Rabin Nabizadeh
April 13, 2025
If the police arrest you and ask questions without reading your Miranda Rights, anything you say might be tossed out. But what if that statement leads to a gun, drugs, or other tangible evidence? Can that still be used in court? The answer isn’t simple. Courts often treat statements and physical evidence differently. While a statement may be excluded after a Miranda violation, [...]

Do the Police Need to Use Specific Words in Reading the Miranda Warnings?

Rabin Nabizadeh
April 12, 2025
Police often read people their Miranda Rights during an arrest. But many wonder: do the words need to be exact? What if the police officer says it a little differently? Can a mistake make the whole case fall apart? These are common questions during a police interaction. You may have seen or heard the warnings before, but small differences can [...]

Do the police need to read the Miranda warnings before talking to a suspect?

Rabin Nabizadeh
April 12, 2025
At Summit Defense, our criminal lawyers help people who talk to law enforcement officers. Knowing your legal rights prevents you from giving bad answers when police take a suspect into custody. We'll explain when police must read Miranda warnings, why these legal protections matter, and what to do if officers break these rules. Table of [...]

White Collar Crime vs Street Crime

Rabin Nabizadeh
April 10, 2025
At Summit Defense, our criminal defense attorneys help people charged with crimes in the Bay Area. The differences between corporate or white-collar crime and blue-collar crime can greatly affect your case. This guide helps you understand these differences and why you need good legal help. What is White Collar Crime? White-collar crime is a nonviolent, [...]

Who Can Give Consent to a Search of an Apartment

Rabin Nabizadeh
April 9, 2025
When police officers request to search your apartment, knowing who can legally consent could distinguish between a lawful or illegal search. At Summit Defense, our criminal defense attorneys understand that search warrant requirements protect your privacy rights. The question of who can consent to an apartment search often arises in Fourth Amendment cases. We help [...]

Do the Police Always Need a Warrant to Conduct a Search?

Rabin Nabizadeh
April 8, 2025
The Fourth Amendment protects people from unreasonable searches by law enforcement officers. In most cases, police need a valid search warrant before searching private property. However, there are legal exceptions that allow for warrantless searches under certain conditions. Without a warrant, police searches must comply with strict constitutional standards. If officers conduct an illegal search, any illegal items they find may be excluded from court. Knowing when police can and [...]

What Is the Purpose of a Search Warrant?

Rabin Nabizadeh
April 7, 2025
A search warrant allows law enforcement officers to search a specific location for criminal activities or vital evidence. It ensures that searches follow the law and protect people’s rights. Without a valid warrant, searches may be considered an unreasonable search and could violate the Fourth Amendment. Police must prove to a judicial officer that there is sufficient evidence to justify the search. The warrant must be [...]

When Are Search and Seizure Rules Triggered?

Rabin Nabizadeh
April 6, 2025
The Fourth Amendment protects people from unreasonable government searches and seizures. It limits how law enforcement officers can collect evidence. These protections apply to homes, vehicles, and personal belongings. If police violate these rules, the court may exclude evidence from the case. Many people do not know when their rights apply. Officers may conduct a warrantless search if they claim an exception [...]