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Search, Seizure & Warrant Issues

Assert Your Constitutional Rights

Police and prosecutors have broad powers and resources to investigate crimes, but they must work within clearly defined rules. Sometimes, they skirt the rules or intimidate suspects into giving up their constitutional rights. This is especially true in drug crimes.

When law enforcement violates search and seizure laws, any evidence obtained is tainted. A good criminal defense attorney will fight to get that evidence excluded from court — or get the charges dismissed entirely.

I am Michael Spano, an experienced lawyer who will fight to uphold your rights. I worked for many years as a prosecutor with the Onondaga County District Attorney's Office. I have since represented the accused in Syracuse and Central New York, including state and federal drug charges.

Search, Seizure & Warrants in Drug Crime Defense

The Fourth Amendment to the U.S. Constitution protects you from unreasonable search and seizure. Police can't just pull you over, shake you down, enter your house or ransack your vehicle because you might have drugs or cash.

Cops are clever at phrasing their words so it doesn't sound like a question or a choice: "I'm going to search your trunk now, OK?" Some officers and agents use strong-arm tactics and threats when a search is refused. Others offer to "clear this up" when they are really fishing for evidence to use against you.

I have been successful at holding state and federal authorities accountable for violating search and seizure rights. I know what questions to ask:

  • Was there probable cause for a traffic stop?
  • Was there a solid basis for a search warrant?
  • Did agents exceed the scope of the warrant?
  • Were you read your Miranda rights?
  • Did you give knowing consent to a search of your person, car or home?
  • Did the police search anyway after you asserted your rights?

The resulting "fruits" of an illegal search or seizure can be suppressed in court. This is critical if drugs were found that otherwise would not have been discovered.

Call Me Day or Night to Schedule a Free Consultation

You will never hurt your case by asserting your right to remain silent, refuse a search or call an attorney. Call me at 315-350-3975 or 866-781-9603, or contact me online.