Attorney Dan Kann comments on the violation of search and seizure rights in "Capital One says it can show up at cardholders' homes, workplaces" in The Los Angeles Times
Read the blog post here.
In many criminal cases, there is no evidence and no basis for criminal charges without the evidence seized during a traffic stop, a search of a defendant's car, or an executed search warrant on a business, residence or apartment.
When the police riffle through your car, barge into your home, or search your clothes, there are very specific rules they must follow.
Law enforcement must have probable cause, which essentially means a reasonable belief that a crime has been committed in order to conduct a search of a one's person, belongings, or home. In cases involving search warrants, an officer must swear under oath to the accuracy of the information used to obtain the warrant. The warrant must then be signed by a judge or magistrate and must specifically describe the location and areas to be searched and the evidence to be seized.
Fourth Amendment Right/Search & Seizure
Your right to be protected against illegal search and seizure by overzealous authorities is a principal upon which the nation was founded. The 4th Amendment to the U.S. Constitution states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath of affirmation and particularly describing the place to be searched and the person or things to be seized.”
In some cases, law enforcement will have a warrant to search a house and instead find contraband in a car or the garage. When authorities overstep the boundaries of a warrant, a defense attorney can argue for suppression of the evidence that has been umlawfully seized and move the court to dismiss the case.
If you are facing criminal charges as a result of a search and seizure, your best course of action is to remain silent and contact an experienced defense lawyer right away. Too often, statements made by defendants, even in the form of off-hand remarks, can be more damaging than items seized during a search.
Get Top Rated Legal Assistance Today
As a veteran criminal defense attorney, Daniel E. Kann has successfully argued illegal search and seizure cases and motions to suppress, which frequently lead to a reduction or dismissal of criminal charges.
The Law Offices of Daniel E. Kann, has built a reputation for aggressively fighting search and seizure cases in court. If you or a loved one has been arrested as a result of evidence found during a search of their person, vehicle or residence, contact us today at (888)744-7730 for a free and confidential appointment to discuss your rights.