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The Hallam Law Group of Scottsdale, Arizona knows how to put together a worthy defense on the grounds of lack of probable cause or unlawful search and seizure. We’ve represented hundreds of criminal clients in the last several years and have an outstanding track record of success. Our passionate Scottsdale criminal defense attorneys can expose the weaknesses in the prosecution’s case against you, giving you an edge in negotiating. We can take action to present a convincing illegal search and seizure argument on your behalf. Contact an illegal search and seizure attorney from the Hallam Law Group to develop a strong case.
Illegal search and seizure are one of the strongest defenses available in criminal cases. The Fourth Amendment of the Constitution protects every citizen in the U.S. from unlawful searches and seizures. Understanding the delicate balance between a law enforcement officer and an individual’s rights in Arizona can require assistance from a Scottsdale illegal search and seizure lawyer. Our attorneys can review your case for free and let you know if we believe you have grounds for an illegal search and seizure defense. We can aggressively defend your case if so.
The Fourth Amendment protects citizens from unlawful or unreasonable searches and seizures of property by government agents or entities. It gives everyone the right to be secure in their own homes, vehicles, persons, and effects. According to the Amendment, the only time an officer or another party can legally perform a search and seizure is with probable cause “supported by oath or affirmation.” The question of whether or not police had probable cause to conduct the search or seizure is often what these criminal cases hinge upon.
Once the defense gives an unlawful search and seizure argument, it is up to the prosecution to prove that it had probable cause and the right to conduct the search. Using this argument shifts the burden of proof to the prosecution. What qualifies as “probable cause” depends on the circumstances of the alleged crime and subsequent police actions. Probable cause can be anything that gives the officer reasonable grounds to conduct the search or seizure of property, such as incriminating evidence, an anonymous tip, or police observations.
For example, a Scottsdale drug crimes attorney can dispute the discovery or possession of drugs if the officer did not have a justified suspicion that a crime was committed, but searched your car, house or you anyways.
Narrow exceptions to the probable cause rule exist in the state of Arizona. For instance, Arizona Revised Statutes Section 13-3925 bars the suppression of evidence in cases where the officer seized the evidence pursuant to a search warrant. Having a search warrant generally trumps any requirement for proving probable cause. An officer also might not need probable cause to conduct a search or seizure if he/she makes a “good faith mistake” concerning the existence of evidence or facts that, if true, would have constituted probable cause.
A successful defense claiming the police or prosecution obtained evidence by means of illegal search and seizure means automatic suppression of said evidence. “Suppression” means the prosecution cannot use the evidence in a court of law. This can be a huge advantage to the defendant and even result in the court dropping the charges. Successful suppression in a drug-related offense, for example, could result in the prosecution having zero evidence that the defendant was ever in possession of drugs. A great Scottsdale search and seizure attorney can help maximize your odds of success in using this defense.
The criminal justice system generally sets great store in the word of the investigating officer on a case. It is up to you as a defendant to make your argument as strong and seamless as possible for a fighting chance against the prosecution. These types of cases often come down to the officer’s word against the defendant’s. Don’t ruin your chance of achieving something as important as suppression of incriminating evidence by representing yourself. Instead, retain an experienced attorney from the Hallam Law Group to make your argument as solid as possible.
Learn more during a free legal consultation. Call (602) 237-5373 today.