Long Beach Illegal Search & Seizure Lawyer
Every American citizen is protected by the United States Constitution, and the Fourth Amendment specifically applies to search and seizure. Police must follow very specific procedures when conducting searches or when seizing property, and failure to follow these procedures is a serious rights violation. If you have experienced this, you need to consult a Long Beach illegal search & seizure lawyer as soon as possible.
Experienced Legal Counsel for Illegal Search and Seizure Claims in Long Beach, CA
Greg Peacock Law focuses on police misconduct cases for clients in Long Beach and surrounding areas of California. When the police violate their duty to protect and serve and victimize the public in any way, our firm can help victims pursue accountability and recover compensation for their damages. If you are the victim of illegal search and seizure, we can review the details of your situation and advise you on how to proceed.
Attempting to file any type of legal case against the police can be a daunting prospect for the average person, and a police misconduct case is very different from any other standard personal injury suit against another party. The police have qualified immunity from most civil actions, and they may have various excuses ready to employ against your claim that they have illegally violated your Constitutional protection against illegal search and seizure.
Greg Peacock Law will carefully review the details of your case, determining whether a rights violation has occurred and, if so, explain your legal options in this difficult situation. In most cases, police conduct illegal searches and seizures in order to look for evidence that can help them secure a conviction, but evidence obtained illegally is inadmissible in a criminal case, and your attorney can help you address any such issues you have experienced.
Filing an Illegal Search and Seizure Claim in Long Beach
If the police are to conduct a search of an individual’s private property, they must obtain a search warrant in order to do so unless there is probable cause to suspect there is an imminent threat of harm. They may claim that they have the right to search property when they truly do not, attempting to take advantage of the average person’s lack of awareness of the law and their rights when it comes to illegal search and seizure.
When you are arrested for a crime, the police have the right to conduct a search of your person and the area around your immediate reach. This is to ensure they can identify weapons or anything that might harm them. This is also an opportunity for them to collect evidence against you. For example, if you are arrested for drug possession, they can search around you to determine whether you have drugs on your person or within your immediate reach.
There is also an exception for searching a vehicle during certain traffic stops. Aside from these exceptions, the police must obtain consent from an individual to conduct a search, or they must obtain a signed search warrant to conduct a lawful search. If the police do not have appropriate cause or consent to conduct a search, this is a clear violation of your rights.
Understanding Search Warrants
A search warrant is a specific legal document that allows the police to conduct a search. The warrant will clearly specify the boundaries of the search, including the areas in which the police may search and how they may conduct the search. A search warrant must be signed by a judge, and a police officer will need to show probable cause in order for their warrant to be approved. If the police officer lies about having a warrant, this is a clear example of an illegal search.
It is also possible for a police officer to violate the boundaries established by a signed search warrant, and this would also constitute an illegal search. If an illegal search results in evidence used against you in a criminal case, you will need a defense attorney to represent you in these proceedings and help you avoid conviction. A Long Beach illegal search & seizure lawyer can then assist you in pursuing accountability for this violation of your rights.
In the event illegally obtained evidence has been presented against you in a criminal case of any kind, you will need a criminal defense attorney’s help to prove the truth of the situation and have illegally obtained evidence struck from the case. This can potentially lead to a case dismissal. If the prosecution has no legally obtained, admissible evidence against the defendant, they have no case. However, a civil suit will be necessary to hold the police accountable for the damages they caused.
Filing an Illegal Search and Seizure Claim in Long Beach
It is important to remember that when an illegal search and seizure has occurred within the scope of a criminal case investigation, your claim against the police officer and/or department that violated your rights will be a civil case. You have the right to file a formal complaint to the police department if you believe your rights have been violated, but pursuing a civil case with the help of an attorney is more likely to yield positive results and compensation for your damages.
Your Long Beach illegal search & seizure lawyer will help you determine the scope of the damages you suffered because of the police’s unlawful actions. For example, if they conducted an illegal search of your vehicle or your home, they may have damaged personal property in the process. It is also a highly traumatic experience, so you would have grounds to seek compensation for emotional distress, psychological trauma, and humiliation.
It is also possible to claim compensation for your attorneys’ fees if you are forced to pursue a civil suit in response to an illegal search and seizure. This means that it may not cost you anything to proceed with your case, but even if you are unable to claim compensation for legal expenses, Greg Peacock Law can still provide affordable and accessible legal representation with our contingency fee billing policy.
When you have a contingency fee agreement with your attorney, you will only pay for their services if and when they win your case, and the amount you pay will equal a percentage of your final case award. If your attorney is unable to obtain compensation on your behalf for any reason, you pay no fee, and you will not be required to pay any upfront attorneys’ fees. This ensures that legal counsel is accessible when you need it most, regardless of your financial circumstances.
What to Expect From Your Long Beach Illegal Search & Seizure Lawyer
The right attorney will be an invaluable asset for an illegal search and seizure claim in Long Beach. The team at Greg Peacock Law has successfully handled many cases of police misconduct for past clients and will draw upon a wealth of experience to represent you. We can help you understand the process of filing your claim, determine what type of damages you are able to seek from the defendant and prepare you for the difficult proceedings ahead of you.
Our firm will carefully examine existing case law to find established cases with details similar to your own case. Due to qualified immunity, a police officer or police department can only be sued for federal constitutional violations if they break an established law. You must be able to identify a past case that is similar to your own in order to establish a legal precedent for your claim. Otherwise, qualified immunity will apply, and you will not be able to sue the defendant in question.
Greg Peacock Law will help you establish the framework of your case and identify the various damages you can claim. You face a very strict set of court filing rules and procedural deadlines that you must meet, and filing a claim against a police officer and/or police department is very different from filing a personal injury suit against another private party. You need a skilled attorney with proven experience handling these cases on your side.
We have the skills, experience, and professional resources necessary to provide robust legal counsel in the most complex illegal search and seizure cases in Long Beach. We take time to get to know every client and provide them with compassionate legal guidance, preparing them for each new phase of their case. We always aim for maximum client recovery, so you can rest assured we will uncover the full extent of your claimable damages.
You have a very limited time to build and file your illegal search and seizure case in Long Beach. It is vital to take violations of your Constitutional rights very seriously and seek legal counsel you can trust as soon as possible. Greg Peacock Law is ready to provide the advice and support you need in this difficult situation, so contact our team today and schedule your initial consultation with an experienced Long Beach illegal search & seizure lawyer.
Greg Peacock Law
Professional & Experienced California
Police Misconduct Attorney
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