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This is a very complex topic, and the adage that “Every case is different” applies here. The attorneys at The Defense Group spend hours reviewing case law for similar circumstances in order to ask a court to find a search to be illegal.
Oftentimes, evidence can be dismissed when it is determined by the court that the police searched a vehicle, a building or a person illegally.
A search is considered illegal if the police have no warrant, lack probable cause that a person is armed, and they are not trying to arrest anyone. Police may enter a building for a search in the case of emergency circumstances–for example, a person calling for help–but this kind of search is extremely limited. If police perform an illegal search, none of the evidence found in that search may be used in court.
Particularly in cases where items seized are critical to the prosecution, the attorneys at The Defense Group file motions to suppress the evidence ion an effort to get the case dismissed.
If you or a loved one suspects that a search was done illegally, contact an attorney at The Defense Group online or call us at 407 743 8430 or 407-250-9557 for a free consultation. We are available 24 hours a day in case of emergency, and we are able to arrange appointments for nights or weekends.
“A lot of our defense work deals around the Fourth Amendment to the US Constitution. It’s whether or not you were stopped appropriately in your car, and whether or not they searched your car, or your house, or you with sufficient justification. And, with some frequency, we are able to properly defend those by finding that the police simply exceeded their authority.
Many police officers get confused. They forget that they’re law enforcement officers. They think they’re the law. And unless you’ve got a legal justification to stop someone in their car — the fact that it’s 3 am. and they’ve got dark windows and they’re driving in a bad part of town where you consider it to be a high drug area or whatever — doesn’t give you the right to stop them or rouse them and find out what they’re up to.
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