Can The Police Search My Home Without a Warrant?
If you are facing criminal charges in Los Angeles and law enforcement is searching your private property to gather evidence against you, please know that you have rights. The authorities are not allowed to illegally search your private property and take things from your house or car, for instance, to use against you in court. Under the Fourth Amendment of the United States Constitution, law enforcement may not act unlawfully when they are arresting people, searching their property, or taking items from a private individual’s property.
Despite these protections under the constitution and upheld by the state of California, there are times that law enforcement can investigate your private areas and gather relevant evidence to use against you. If you have been arrested and charged with a criminal act in California, it is best not to face the court system alone and without effective and proven professional legal representation.
The Manshoory Law Group only works on criminal defense cases in California, so the firm is well-positioned to defend your rights and freedoms from severe penalties that you could potentially avoid. The Los Angeles criminal defense attorneys at the Manshoory Law Group will look at how evidence was collected by the police and determine if there is a way to show that what was collected by the authorities should be dismissed because it was not properly obtained.
When Can Police Legally Search Your House?
While you absolutely have the right to prevent self-incrimination by having the authorities search your private property, there are instances where the police are, by the law, allowed to do so. In cases where the authorities search your property and find incriminating evidence, your Los Angeles criminal defense attorney is going to have to figure out how strong the evidence against you is.
There are many times that what the authorities have is damning to a defendant. Even though this may be the case with what the prosecution has to use against you in your case, that doesn’t mean that there aren’t other ways to fight your charges. Targeting every aspect of how the police obtained their evidence can be a way to have the most devastating information thrown out of your case.
If it can be argued that the police violated your rights with unlawful search and seizure you may be able to have enough evidence removed that your charges are dropped because of lack of proof.
These are the legal ways that the authorities can gather incriminating information:
- If a judge issues a warrant, then the warrant will state where law enforcement can look and you have to abide by the terms of the legal document.
- If you allow the authorities to search your private property through consent, they have the full range to look at anything they want.
- If there is probable cause an officer can search locations near you.
- If you have an incriminating piece of evidence in clear view of an officer, it can be seized.
- If you flee the authorities and enter into a structure, the police may be able to follow you and what they find they can use.
Speak to an Experienced Criminal Defense Attorney Today
You deserve to have your legal rights and liberties protected even when you are suspected of committing a crime. If a police officer illegally and unfairly tries to use their power to collect information that can hurt you when you go to court, the Los Angeles criminal defense lawyers at the Manshoory Law Group will address this issue and make sure that any of that information is inadmissible in your case.