Category: Criminal Defense

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...

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....

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...

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...

When can police give Miranda warnings during a custodial interrogation? This is a key issue in many cases. Your rights during a police interview can change the outcome of your case. The timing of these warnings affects whether your statements to law enforcement can be used as evidence of guilt...

Many people believe that if a police officer does not read their Miranda Rights, they are not arrested. This is a common misconception. The truth is, an arrest can still be legal even if officers do not read these rights. However, failing to read Miranda Rights can affect the use of incriminating statements in court. Understanding when and...

Imagine this: You’re walking down the street when suddenly, a police officer approaches and tries to arrest you. You believe the arrest is unfair or even illegal. In that moment, you might wonder, “Can I resist this arrest?” It’s a question many people ask, but the answer isn’t as straightforward...