Often times police officers believe they are above the law. This is simply not true; law enforcement routinely operate in violation of your Constitutional rights. What does this mean if you are a defendant in a case? It could mean your entire case could be dismissed if the evidence seized was done in violation of the Constitution. Unfortunately, getting a case dismissed as a result of a Constitutional violation can be one of the most challenging duties for an attorney. Even those considered to be the top criminal defense attorney's in Fresno understand the difficulty associated with getting a matter dismissed for violations of a defendant's Constitutional rights.
How exactly does law enforcement violate your rights?
There are numerous ways in which law enforcement can violate an individuals rights, one way in particular is a violation stemming from the Fourth amendment of the United States Constitution. The Fourth Amendment 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 or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
This is one of the most single powerful sentences I have ever read, and it could be the most important if you are facing charges. If your attorney believes that the evidence in your case was seized in violation of your fourth amendment rights then a hearing will have to be conducted to determine that issue. Your attorney will need to file a motion pursuant to Penal Code 1538.5. In essence the motion is based on a lack of a warrant and a search from law enforcement that is unreasonable. If you are searched and the government does not have a warrant then there is only a limited amount of exceptions that would make that search reasonable. The law surrounding these issues is vast and can be difficult for some, that is why you will need the services of an experienced attorney that will be able to navigate through these murky waters.
If you have been arrested and believe that the arrest was a result of your Constitutional rights being violated then you will want to hire an attorney that will be willing to fight for you in order to achieve the best results. Call for a free consultation.