FREE CONFIDENTIAL CONSULTATION
866-847-7613Some of the most significant powers that the police have are to search people and private property, and to seize property as evidence. It is important to understand exactly what the bounds of these powers are, however, because if the police step over the line and operate outside the law, there are consequences and ramifications in criminal cases. In cases where criminal accusations are made, Summit Defense Attorneys will not hesitate to challenge police actions. Our criminal defense attorneys will seek to suppress evidence obtained through improper or illegal police action.
Our firm has more than 120 years of cumulative criminal defense experience. We use our combined knowledge and reputation to fight against illegal searches. We are with you every step of the way, ensuring you understand the nuances of illegal police action as we create a defense strategy that protects your future and your freedom. Schedule a free consultation with our Bay Area criminal defense lawyers now.
An illegal search and seizure occurs when police or government officials intrude on your privacy or take property in violation of the Fourth Amendment.
A search includes any government intrusion into areas where you have a reasonable expectation of privacy, such as:
A seizure occurs when the government meaningfully interferes with your possession of property, including taking items as evidence during a search.
If law enforcement conducts an unlawful search or seizure, an experienced illegal search and seizure attorney may be able to have that evidence excluded.
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. It provides:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…”
This constitutional protection is the foundation for challenging unlawful police conduct in criminal cases.
Even with a warrant, police must generally follow proper procedures when entering a home or business. This includes:
If police force entry without complying with this rule, the search may be unlawful unless an exception applies.
Courts recognize limited exceptions, such as:
Yes. If police violate the Fourth Amendment, your attorney can file a motion to suppress evidence under California Penal Code § 1538.5.
This motion may argue that:
If the court agrees, the search may be declared unlawful and the evidence excluded.
Suppressing evidence can lead to reduced charges or even dismissal of the case entirely.
Although warrants are normally required, police sometimes claim exceptions that allow searches without one. Common examples include:
However, these exceptions are often misused. A skilled illegal search and seizure lawyer can challenge whether the police truly had lawful justification.
Police frequently stop and search vehicles, but they cannot do so without legal grounds.
Officers must have reasonable suspicion that a traffic violation or criminal activity occurred. Stops based on race, profiling, or unsupported hunches may be unlawful.
To search a vehicle, police must generally have probable cause that it contains evidence of a crime.
If a stop or search was unlawful, evidence found in the vehicle may be suppressed.
Summit Defense Attorneys is the largest criminal defense firm in the Bay Area, with extensive experience challenging unconstitutional police conduct.
Our attorneys fight illegal searches and seizures by:
We believe no one should face conviction based on illegally obtained evidence.
Summit Defense Attorneys defends clients against unconstitutional police conduct by relying on major U.S. Supreme Court and California court rulings that define the limits of lawful searches and seizures.
Key precedents include:
California law also provides powerful statutory protections, including:
These authorities form the legal foundation for challenging unlawful police searches, suppressing evidence, and pursuing dismissal or reduction of criminal charges whenever constitutional rights have been violated.
An illegal search and seizure occurs when police or government officers search your home, vehicle, phone, or personal property without proper legal authority. This often involves violations of the Fourth Amendment, such as searches conducted without a valid warrant or without a lawful exception.
In most cases, police must obtain a warrant before conducting a search. If they search without one, the search is presumed unlawful unless prosecutors can prove an exception applies, such as consent or exigent circumstances.
Yes. If law enforcement violated your constitutional rights, your attorney can file a motion to suppress evidence under California Penal Code § 1538.5. If the motion is granted, the court may exclude the evidence, which can lead to reduced charges or dismissal.
A motion to suppress is a legal request asking the court to exclude evidence obtained through unconstitutional or improper police conduct. This is one of the most powerful defenses in illegal search and seizure cases.
No. You are not required to give officers permission to search your home, car, or belongings. If you do consent, it may eliminate your ability to challenge the search later, so it is important to speak with an attorney immediately.
Police may claim certain exceptions, including:
These exceptions are often challenged in court when misused.
Police may stop a vehicle only with reasonable suspicion of a violation. To search the car, they generally need probable cause that evidence of a crime is inside. Unlawful stops or searches can result in evidence being suppressed.
If police searched you, your property, or your vehicle without a warrant, without consent, or without a valid legal reason, your rights may have been violated. An experienced illegal search and seizure lawyer can review the facts and determine whether evidence can be excluded.
A lawyer can challenge unlawful police conduct by:
Summit Defense Attorneys has extensive experience defending clients in Bay Area search and seizure cases.
Yes. Illegal search and seizure defenses are time-sensitive, and early legal intervention can make the difference in suppressing evidence and protecting your future.
If police searched your home, vehicle, phone, or property unlawfully, you may have powerful defenses available.
Summit Defense Attorneys will fight to protect your rights, suppress improper evidence, and pursue the best possible outcome in your case.
Call now or schedule a free consultation with our Bay Area illegal search and seizure attorneys today.
Contact us now for a
free consultation
580 California Street, 12th Floor
San Francisco, CA 94104
1970 Broadway, Suite 1145
Oakland, CA 94612
2570 N 1st Street, 2nd Floor
San Jose, CA 95131
533 Airport Blvd, Suite 400
Burlingame, CA 94010
6200 Stoneridge Mall Road, Suite
300 Pleasanton, CA 94588
370 Convention Way Suite 316
Redwood City, CA 94063
500 Capitol
Mall Sacramento, CA 95814