The Courts Take Illegal Search and Seizure Laws Seriously.
When police make an arrest, particularly for illegal possession or sale of narcotics, they are under strict Fourth Amendment restrictions to obey the law regarding illegal search and seizure of the suspect's home, car and other property. Under federal and state law, the circumstances at the scene of the arrest must demonstrate that the police have probable cause for suspecting that the property contains evidence of the specific crime.
There are instances when police have the right to search property and seize evidence they believe is connected to the criminal offense. Such circumstances might include:
- You agree to the search of your property, when properly informed and asked by the police
- The police search your property in direct connection to the arrest being made
- The police can prove that the search and seizure was necessary to protect the public
- The search is necessary to prevent the destruction of evidence
- When the police are in hot pursuit of a suspect fleeing arrest
What Is Privacy?
You have the reasonable right to expect protection and privacy from government intrusion into your personal and private property. However, the expectation of privacy must also meet a litmus test deemed 'reasonable' to society. For example, if the police are searching the trunk of your car, according to a properly executed search warrant, but find visible evidence of illegal narcotics elsewhere in your garage, the courts would deem it reasonable to confiscate the drugs as further evidence in the case.
Violations
Because state and federal laws leave so much room for interpretation, police often over-reach their authority when searching property and seizing evidence. When a valid argument can be made that your Fourth Amendment rights were violated, all or part of the evidence relating to the illegal search and seizure can be disqualified (suppressed), in the event your case proceeds to trial. If the suppressed evidence is critical to the prosecutor's case against you, it may lead to a dismissal of charges or reduced charges. Filing a successful motion to dismiss illegal evidence is often the critical point that a successful defense hinges on, no matter how badly the initial body of evidence stacks up against you.
Knowledge Where It Matters. Experience When it Counts.
Understanding search and seizure laws, and successfully investigating and filing motions to suppress illegal evidence requires years of experience and in-depth knowledge of prior case law and how particular judges have ruled in the past. The Las Vegas criminal defense trial lawyers at the Oronoz Law Offices are ready to fight aggressively to protect all of your constitutional rights. We have earned the respect of prosecutors and judges in courts and communities throughout Nevada.
Our Nevada criminal defense attorneys are true trial lawyers, never afraid to take a case to court if the best possible outcome cannot be negotiated with the prosecutors. We have a proven record of results — in and out of the courtroom.
Call for a Free Initial Phone Consultation
From our offices in Las Vegas, our attorneys represent individuals charged with criminal offenses and DUI throughout Nevada. Contact our criminal defense law firm to talk directly with an attorney. We can meet you at the police station or other convenient location, if you cannot come to us.
