“Under the Constitution and the Fourth Amendment to the U.S. Constitution, people in the United States have the right to be free from illegal search and seizure. “
The Law Firm of Kallis & Associates, P.C. has provided skilled legal representation for people accused of crimes and serving the victims of illegal searches and seizures in California. Contact the Law Firm of Kallis & Associates, P.C. today for a complimentary consultation regarding any criminal charges you may be facing in which the police searched you or your property without a warrant.
It is important to understand the laws governing search and seizure. Police officers are only allowed to search your person if the officer has articulable facts or probable cause that a reasonable person would believe shows that you are engaged in an illegal act.
“That is, a reasonable belief that a crime has been committed or is about to be committed.”
Without probable cause or consent from the person to be searched, generally searches and seizures are considered illegal. It is important to know your rights in this type of situation. You have the right not to consent to a search. Police officers know the restrictions, and know that they are not allowed to search without probable cause. To get around this requirement, they will often ask for your consent.
If a police officer asks for permission to search your car, your home, or your person; you generally have the right to say no. It is our advice to deny consent to search you, your car If you give permission to search, anything that officer finds can be used against you. To protect yourself don't surrender your rights by consenting to a search.
The Penalties for Illegal Searches and Seizures
To ensure that police officers respect individuals' constitutional rights, the U.S. Supreme Court provides strict penalties. If the police perform an illegal search, the evidence they obtain as a result of this search will not be allowed in a courtroom.
This means that if police search you without probable cause, even if they find drugs, they will not be allowed to present this evidence to a jury. Illegal search and seizure is one of the strongest defenses available for any criminal matter. If you win a suppression motion
If you have been accused of any crime or are the victim of a illegal search and seizure in California, contact the Law Firm of Kallis & Associates, P.C. to discuss your concerns with an experienced illegal search and seizure attorney.