Riverside Illegal Search & Seizure Lawyer
Riverside Illegal Search & Seizure Attorney
Law enforcement is expected to responsibly execute the authority they hold. When they overstep, it’s a violation of your Fourth Amendment rights. An experienced Riverside illegal search and seizure lawyer works to protect the rights of citizens after a violation of these rights.
Greg Peacock Law aggressively defends clients against charges built on unconstitutional police conduct. Our team has experience with challenges to illegal search and seizures. We aim to protect your rights and secure the most favorable outcome for your case.
Illegal Search and Seizure Laws
The Fourth Amendment of the Constitution gives citizens the right to be protected from illegal searches and seizures. This means that police generally need probable cause or a warrant to search your car, home, or person in any way.
California law mirrors this federal protection, prohibiting unreasonable searches and seizures by government officials. Any evidence obtained in violation of these laws is generally considered inadmissible in court.
These laws can be complex, however. Law enforcement may claim exceptions to justify their actions. That’s where an experienced Riverside illegal search and seizure attorney can analyze your case to determine whether officers truly acted appropriately or violated your rights.
Common Examples of Illegal Search and Seizure in Riverside, CA
When it comes to illegal searches, there are common occurrences reported in Riverside. Some examples of these include:
- Warrantless home searches. This involves entering a private residence without a warrant or consent. An exception to this law includes an emergency that justifies immediate action, including entry into a home.
- Unlawful vehicle searches. Stopping and searching your car without probable cause or consent is illegal.
- Illegal pat-downs. Law enforcement may not conduct a stop-and-frisk search without reasonable suspicion that the individual is armed or participating in criminal activity.
- Use of false consent. Coercing or intimidating individuals into giving consent that wasn’t freely or voluntarily given.
- Digital evidence violations. This involves searching cell phones and computers without a proper warrant.
Why You Should Choose Greg Peacock Law
Greg Peacock Law holds a reputation for protecting citizens from government overreach. Our team aggressively fights against unlawful searches and seizures both in state and federal courts.
We meticulously investigate your case to expose police misconduct or constitutional violations and take time to fully understand your side of the story. Our familiarity with Riverside courts, judges, and prosecutors gives us a valuable edge in crafting effective defense strategies for our clients.
Greg Peacock Law represents clients in a wide range of search and seizure cases. These can include:
- DUI or vehicle searches
- Drug possession or distribution charges
- Fraud or financial crimes
- Firearm or weapons possession
- Internet or digital evidence searches
- Property crimes, such as burglary or theft
- Probation or parole searches that exceed lawful limits
What to Do if You Believe You Were Searched Illegally
In 2022, over 49 million people had contact with police, making 96,857 arrests that year. If you believe the police violated your constitutional rights during a stop, search, or arrest, taking immediate action is the strongest way to protect your case. Here are some steps to consider when facing this violation of rights:
- Don’t consent to further searches. Politely but firmly state that you don’t agree to any additional searches without a warrant. These rules do not necessarily apply to routine border searches, however.
- Remain calm and cooperative. Resisting arrest or arguing with law enforcement can make your case worse or lead to real charges against you.
- Document everything. As soon as possible, write down details about what happened. Include people who were present or witnessed the actions, what was said, and the time and location.
- Contact a Riverside illegal search and seizure attorney immediately. The sooner you speak with a lawyer, the better your chances of preserving key evidence and building a strong defense strategy.
FAQs About Riverside, CA Illegal Search and Seizure Laws
Can Evidence of an Illegal Search Be Used in Court?
No, evidence obtained through an illegal search is usually inadmissible in court. The exclusionary rule prevents violations of a person’s Fourth Amendment rights. There are limited exceptions to this rule, however. This can include the good faith exception, where officers reasonably believed the search was lawful due to a valid warrant that was later invalidated.
What Is Considered an Unlawful Search and Seizure?
An unlawful search and seizure occurs when law enforcement officers violate a person’s Fourth Amendment rights. This is usually through searching and taking property without the right legal justification. Police need a valid warrant from a judge that’s based on probable cause. If officers search your home, car, or person without a warrant, probable cause, or legal exception, it can be deemed unlawful.
What Is an Example of an Unreasonable Search and Seizure?
One example of an unreasonable search and seizure would be law enforcement entering your home without permission or a warrant to search for illegal items. A hunch isn’t a good enough reason to invade a home and violate Fourth Amendment rights. Any evidence gathered could be thrown out in court. The Fourth Amendment is there to protect citizens from governmental overreach, which would include an unreasonable search and seizure.
What Is the Fourth Amendment in Simple Terms?
The Fourth Amendment protects people from unreasonable searches and seizures made by the government. It means police can’t search you, your home, or your personal property without good reason. Instead, they would need a warrant or probable cause to do this. This is to protect your privacy and prevent government overreach. Any evidence collected illegally could be thrown out of the courts.
Hire an Illegal Search & Seizure Lawyer in Riverside, CA
Facing the justice system alone can be overwhelming, especially when law enforcement has certain legal protections put in place—but Greg Peacock Law can help. When you hire an illegal search & seizure lawyer, we examine your case, challenge any illegally obtained evidence, and fight to protect your freedom.
Our team is ready to stand by your side and demand justice on your behalf. Contact us today to schedule a consultation. Let us help you take the first step toward defending your constitutional rights and getting the justice you deserve.
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