Raising Illegal Search, Seizure And Warrant Questions
The Fourth Amendment makes it clear that the government is not allowed to conduct unlawful searches and seizures against citizens. You cannot be stopped for no reason and searched. This freedom is a core American value. Police generally must have a warrant to conduct a search. If your defense lawyer can show that your rights were ignored, your chances for dismissal are good.
Were your rights violated by police? Were you victimized by illegal search and seizure? Defense lawyer Michael Spano of Syracuse can tell you if you were. Call 315-350-3975.
The Necessity Of Probable Cause
There are exceptions to the warrant requirement, especially involving searches and seizures of cars and other vehicles. Police who have stopped you do not generally need a warrant. Neither do they need a warrant to search you once you have been arrested. If you agree to allow the police to search your car, you waive your Fourth Amendment rights.
When police make a search without your consent, they must be able to demonstrate that they had probable cause to make the search. This means they must have a reason to suspect that you are committing a crime, or you have committed a crime.
“One reason criminal law appeals to me is that it is the purest kind of law, rooted in your rights under our Constitution, whether you did a bad thing or not. If we do not honor people’s rights when they are committing an unpopular act, our rights mean nothing.” — Michael Spano
Search, seizure and warrant issues are among the thorniest in criminal law. Many cases, especially of drug crimes, rise or fall on the way evidence was seized at the time of arrest. Criminal defense attorney Michael Spano, himself a former prosecutor, has more than 20 years of experience pinpointing the moment when clients’ rights were violated. When this happens, dismissal or acquittal is the usual result.
Get The Help You Need
To arrange a confidential consultation with Mr. Spano, call his office or complete the online form.