Unconstitutional Search & Seizure Attorney from St. Charles to Hannibal
All defendants in the United States have legal protection under the Fourth Amendment to the Constitution. These rights protect you even before criminal charges have been formally filed in court because they limit the actions a law enforcement officer may lawfully take during a criminal investigation. Unfortunately, these Fourth Amendment protections are not always respected by police and prosecutors. This is why you need an experienced Missouri criminal defense lawyer to defend your constitutional search and seizure rights in court. When evidence is inadmissible, it which can leave a prosecutor without a strong case to present to a jury. Some prosecutors even dismiss charges altogether. Learn more about your constitutional search and seizure rights and what our defense team does to enforce these rights in court.
Your Fourth Amendment Protections
The Fourth Amendment to the Constitution of the United States protects your person, house, papers, and effects from unreasonable searches and seizures. A law enforcement officer must prove that the search or seizure is reasonable by applying for a warrant. The warrant can only be issued if the officer makes a statement under oath that establishes probable cause. Furthermore, the warrant must be specific and limit the area to be searched or the evidence to be seized. If a search is performed or evidence is seized in violation of these rights, the evidence can be ruled inadmissible as evidence in any criminal case.
The Fourth Amendment makes it seem as if no evidence can ever be searched or seized without a warrant. There are, however, many recognized exceptions to the warrant requirement. For example: if police are responding to an ongoing emergency, they can enter a home without a warrant in order to respond to the crisis. Police can also seize illegal evidence that is in plain view. If, for example, police enter a home without a warrant to respond to cries for help, they cannot start searching the house indiscriminately for evidence. They can, however, seize any obvious contraband while they are attending to the emergency. These are just two of many warrant exceptions that have been recognized by the Supreme Court. Police and prosecutors will push hard to use any justification to search your home or seize evidence. Defendants have the right to challenge questionable warrants, invalid warrant exceptions, and other actions that violate their Fourth Amendment rights.
What Happens If Your Fourth Amendment Rights Are Violated
So how does a legal challenge work? As you can imagine, police officers in the middle of an investigation do not like to argue about exceptions to the warrant requirement. Instead, they will try to finish the unlawful search or seizure and find evidence to use against you at trial. Let them. Arguing with an officer on the scene can quickly escalate into a dangerous situation for everyone involved. Instead, you need to hire a defense lawyer as soon as possible. Unlawful evidence is quickly transmitted to prosecutors. Prosecutors will not protect your constitutional rights, so you need a lawyer on your side to enforce your right to be free from unreasonable searches and seizures.
First, your lawyer will review your case for any potential violations of your constitutional rights. (The Fifth and Sixth Amendments have important protections in criminal cases, as well.) Your lawyer will assess the entire case and all police actions to determine if you have any potential challenges to evidence under the Fourth, Fifth or Sixth Amendments. If so, the defense can file a motion to suppress the evidence that was obtained unlawfully. The court will rule on the motion to determine if the evidence is inadmissible. If the court rules it to be inadmissible, the evidence cannot be used against you at trial. The prosecution could be left without much evidence against you – or even without a case at all. This is why it is so important to challenge evidence that was obtained unlawfully. Suppression motions can keep out documents, tangible evidence, and even confessions.
Other Constitutional Protections
Anyone who has watched a procedural crime drama is familiar with the Miranda warnings. These warnings are used by law enforcement officers in response to the Supreme Court’s ruling in Miranda v. Arizona. These rights derive from the Fifth Amendment (self-incrimination) and the Sixth Amendment (the right to counsel) to the Constitution. The Miranda Warnings must be given before a person is subjected to custodial interrogation. (“Custodial” means the person is not free to leave police custody, and interrogation is any questioning that is designed to elicit an incriminating response.) A confession can be suppressed if it was elicited in violation of your right to be free from self-incrimination, your right to counsel, or your right to receive the Miranda warnings.
The four required Miranda Warnings advise a suspect:
- of their right to remain silent (to prevent self-incrimination under the Fifth Amendment).
- that any evidence can be used against them.
- of their right to an attorney (under the Sixth Amendment right to counsel).
- that an attorney can be appointed if they cannot afford one.
The case of Gideon v. Wainwright established the right of counsel for defendants who cannot afford one. There, the Supreme Court determined that the Sixth Amendment’s right to counsel could only be protected if attorneys were appointed to defendants who could not afford them. It is important, however, to understand that public defenders’ offices are chronically overworked and understaffed. An appointed attorney simply may not have the time or resources to defend your case as thoroughly as a private defense attorney can.
Call Us Today to Schedule a Consultation with a Lincoln County Criminal Defense Lawyer
There are many legal protections in the Constitution. Unfortunately, it is up to a suspect or defendant to defend their constitutional rights during investigations and court cases. Attorney Chris Lozano is an experienced defense lawyer who has fought all types of criminal charges in the courts of Missouri. Our legal team fights hard to defend our clients from improper police procedures, constitutional violations, and unsupported charges. We serve clients across Missouri in St. Charles, Warren, Lincoln, St. Louis, Ralls, Marion and Pike Counties. Call today to schedule a free case evaluation. The sooner you have a defense attorney on your side, the better protected your constitutional rights will be.