In order for you to be charged with a crime, there must be enough evidence to indicate your guilt. For the charges to result in a conviction, the evidence must be strong enough to prove your guilt beyond a reasonable a doubt. While the US Constitution protects all citizens from unreasonable search and seizures, police often violate those rights in order to collect enough evidence against the defendant. That’s why it is so important for anyone charged with a crime to always work with a skilled Vista criminal attorney.
Whether the case is a misdemeanor or felony, illegally collected evidence cannot be used against you. While search and seizure laws often seem simple, there are a number of complexities involved with these laws. For example, an officer cannot search your home without a warrant, unless you give him consent, illegal items are sitting in plain view or if he has reasonable suspicion that there is an immediate threat to either someone in your home or evidence related to the case. This last situation can be particularly tricky as an officer who hears excessive toilet flushing or paper shredding could enter the house without a warrant if he claims that he believes you were flushing drugs down the toilet or shredding evidence that could be used against you.
Other situations can also be complex. For example, police do not need a warrant to search a vehicle as long as they have probable cause to do so. If they believe you may have weapons at your disposal, they can search the car, but if you are already restrained in the police car, they can only search your vehicle if they have good reason to believe it holds illegal items. If your vehicle is impounded, they can search it without restriction. These issues become even more complicated when a person lives in a home that could still technically be considered a vehicle, such as a fifth wheel trailer, a motor home or a double wide trailer.
Because these laws can be so complex and because police often take advantage of a suspect’s ignorance of the law, it is critical that anyone who has been accused of a crime always work with a Vista criminal defense attorney who can challenge any evidence that may have been collected illegally.
If you have been accused of a crime, please call (760) 643-4050 to schedule a free initial consultation.
Creative Commons Image by Israel Defense Forces
