Search and Seizure Rights
In Arizona, citizens are protected under the Fourth Amendment, which states that a police officer must have probable cause or a reasonable suspicion of illegal conduct prior to conducting a search, otherwise any evidence gathered may be inadmissible. Attorney James E. Novak is an expert in search and seizure rights, defending clients throughout the Phoenix, AZ-area. It can be difficult to prove an illegal search and seizure, and it may not always result in your case being thrown out, which is why it is important to work with an experienced lawyer who can dedicate himself to your case. If you have been charged with a crime following a search and seizure, contact The Law Office of James E. Novak today for an initial case evaluation.
In the event that a police officer requests to search your vehicle, it is important to have a thorough understanding of your Fourth Amendment rights. A police officer is not required to obtain a search warrant to search your vehicle. They must have probable cause or a reasonable suspicion of illegal conduct to search your vehicle.
If you did not consent to a police search of your vehicle, and the police obtained evidence from that search to charge you with a crime, you may have a case for a violation of your Fourth Amendment rights.
For instance, if a police officer pulls you over for running a stop sign, he or she cannot search your vehicle unless there is visible evidence of drugs or some other illegal conduct. If the officer smells marijuana or there is visible paraphernalia in your vehicle, he or she can request to search your vehicle. Any search of your vehicle will also include a search of personal items belonging to you and your passengers such as purses or backpacks.What can I do after an Illegal Search?
If you have been charged with a drug felony or other crime and believe the evidence against you was obtained illegally, you should contact a lawyer as soon as possible. Working with James Novak, an experienced attorney who is familiar with search and seizure rights and Arizona law, may result in evidence being thrown out, or a complete case dismissal.Proving Violation of Fourth Amendment Rights
It can be difficult for a lawyer to prove that your Fourth Amendment rights were violated and that the evidence against you was obtained illegally. Your case will require a skilled attorney who can fully dedicate himself to your case. In a case involving a potential violation of Fourth Amendment rights, your attorney must identify prior cases that are relevant to the circumstances of your arrest.
A convincing case must be presented, supporting that the evidence against you was, in fact, illegally obtained, and that your Fourth Amendment rights were violated. If successful, the illegally obtained evidence may be thrown out, but it may not result in a drop of charges if there is sufficient legally obtained evidence to prove your guilt.Contact The Law Office of James E. Novak
If you did not consent to a police search of your vehicle, and the police obtained evidence from that search to charge you with a crime, you may have a case for a violation of your Fourth Amendment rights. Contact The Law Office of James E. Novak today for assistance with your case.