Virginia Beach Unlawful Search Attorneys Protecting Your Constitutional Rights
You are protected by the constitution against unreasonable search and seizure by the police or other government employees. A search is when there is an invasion into an area where you could reasonably expect privacy. A seizure is when your freedom is restrained or your property is taken.
For the government to take away your freedom which is guaranteed by the Constitution there has to be a reasonable explanation. Generally, there has to be a warrant in order to violate your right to privacy. A warrant has to be a result of some probable cause and issued by a judge.
At Valverde & Rowell, P.C., we aggressively defend the rights of individuals who have been charged with a crime. We use our knowledge of the law to protect our client's rights. We use suppression motions, motions to dismiss and other pre-trial motions when we determine that a client's constitutional rights have been violated.
Virginia Beach Illegal Search and Seizure Lawyer
There are exceptions to the need for a warrant that can be pretty complex when evaluating whether or not there was a legal search or seizure. Some common exceptions include:
- Reasonable Suspicion or Probable Cause to believe that there is something criminal being done. This provides some limited opportunity for the police to investigate to certain extents.
- Permission can be given by the citizen for a search.
- After an individual is arrested, they can be searched
- The police may be able to search your car under various scenarios, including following an arrest or by permission.
If the search or seizure is not done legally, any evidence that the police obtained may be excluded from trial. This is critical because, for instance, if there is a seizure of marijuana through an illegal search then the marijuana cannot be admitted at trial. Without the marijuana, the case likely has to be dismissed.
Contact Our Virginia Beach Criminal Defense Office
Things will happen in the courtroom that you will not be prepared for without a good criminal defense attorney. Contact Valverde & Rowell, P.C., at 757.383.9947 or toll free at 866.719.0059 today to set up a consultation. Avoid the regret of having a conviction on your record, possible time in jail or pay heavy fines when that might have been avoided.