Orange County Illegal Search & Seizure Lawyer
Orange County Illegal Search & Seizure Attorney
Being accused of a crime is a stressful ordeal, and being subjected to questionable search and seizure practices can make an already overwhelming experience feel insurmountable. If you believe you have been the victim of an unlawful search and seizure, you may find it beneficial to hire an Orange County illegal search & seizure lawyer at Greg Peacock Law. Your lawyer can operate as an advocate for you, your rights, and your desired outcomes.
An Overview of Illegal Search & Seizure Laws in Orange County, California
Before you look into hiring a illegal search & seizure lawyer in Orange County to handle your case, you may benefit from learning more about what is considered an illegal search and seizure in the state of California, as well as grow your understanding of how this can impact your life and how choosing the right lawyer can help your case.
What Makes a Search and/or Seizure Illegal in Orange County, California?
A search is generally considered illegal if it is conducted without the consent of the property owner, a valid warrant, or any relevant probable cause that may lead law enforcement to believe that a crime has been committed on the property.
A seizure is also illegal if it is considered unreasonable and/or unwarranted. In California, evidence that has been obtained through an illegal search is typically inadmissible in court, which means that the judge can determine it unfit to be presented in a criminal court case.
In 2021, one report indicated that the Federal Bureau of Investigation, often shortened to the “FBI”, had conducted as many as 3.4 million warrantless searches of Americans’ data. This is clearly prohibited by the Fourth Amendment of the United States Constitution, which declares unreasonable searches and seizures to be unlawful and therefore illegal, but, unfortunately, this does not always stop law enforcement from doing just that.
What Makes a Search and/or Seizure Legal in Orange County, California?
One of the most straightforward ways to determine whether or not a search was performed legally is to look into whether or not the search was carried out with the backing of a valid search warrant. This warrant, which requires the approval of a judge prior to being carried out, enables law enforcement to search a property based on a specific reason.
The warrant describes where they can search and what they can seize, and it informs the property owner of why the warrant has been issued.
The warrant is not considered valid if the search is carried out before a judge has signed off on it, but there are certain exceptions where the requirement for a warrant may be waived. Here are some examples:
- The property owner has given their consent to perform the search. If a person has the authority to do so, they can permit law enforcement to search their property. For example, if the police want to search a suspected criminal’s apartment, the landlord can permit them to do so.
- There is an exigent circumstance, also known as an emergency. Emergencies allow for a warrantless search, such as when police are actively pursuing a fleeing suspect or when there is the risk of imminent destruction of evidence or harm to other individuals. For example, if law enforcement and/or witnesses saw a suspect run into a business, they do not need a warrant to search said business for the suspect.
- The search has probable cause and is that of a vehicle. Law enforcement officers are legally allowed to search a vehicle without a warrant as long as they have probable cause to believe it contains contraband, criminal activity, or any other evidence of a crime. This could be when an officer suspects a driver of being under the influence of drugs, then pulls them over to search the car for illegal substances.
Why Should I Hire an Illegal Search & Seizure Lawyer in Orange County, California?
Should the need for additional outside involvement arise, you should hire an illegal search & seizure lawyer to help you get scheduled at the Superior Court of California, County of Orange, where they can advocate on your behalf, your rights, and your desired outcomes.
FAQs About Orange County, CA Illegal Search & Seizure Laws
How Much Does It Cost to Hire an Illegal Search and Seizure Lawyer in California?
Each illegal search and seizure case is unique, which is why the cost of hiring an illegal search and seizure lawyer tends to vary case by case in California. Some of the more consistent factors that often impact your final price include the amount of time your case needs to resolve, the level of complexity it presents, and who you choose to represent you.
What Do You Do if You Suspect an Illegal Search?
If you believe that you have been subjected to an illegal search and/or seizure in the state of California, it is crucial to consult with a skilled illegal search and seizure lawyer. This way, they can evaluate your case, help you determine whether or not your rights were violated, and help you take appropriate legal action in order to pursue damages for any injustices you may have been subjected to.
Can I File a Claim Against Law Enforcement for Being Subjected to an Illegal Search and Seizure in California?
Yes, it is perfectly legal to file a claim against local, state, and even federal law enforcement officers if you believe that your search and seizure rights have been violated in the Golden State. This allows you to pursue not only compensation for any suffering you may have endured, but also seek justice for the mistreatment to which you have been subjected.
What Is the Illegal Search and Seizure Law in California?
An illegal search and seizure can occur when any law enforcement officer violates the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, too. These laws were created to grant you protections and prohibit law enforcement from carrying out “unreasonable” searches and seizures, therefore requiring that they have a valid warrant based on “probable cause” and signed off prior to the search and/or seizure in most situations.
Why Should I Choose Greg Peacock Law to Represent Me?
Greg Peacock and his legal team understand your rights, and he believes strongly in helping you protect and uphold those rights. Contact Greg Peacock Law today to schedule a consultation, and let us help you get the justice you deserve.
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