Search and Seizure
Search and Seizure The Constitution guarantees everyone certain rights such as the right to privacy, the right to remain silent and the right to be protected from any unwarranted search of one's person or property by police. The police are aware that they are required to have reasonable suspicion that a crime is being committed before they can begin to encroach on a person's right to privacy. Police are trained to establish reasonable suspicion or probable cause prior to stopping a vehicle or suspect on the street to interrogate them. Without having a reason to stop a person and search them the courts would throw out any evidence that was found.
The reasonable suspicion and probable cause that police give in police reports to justify the search of a person, automobile or home needs to be challenged through motions to suppress evidence. Many times what an officer deems as a justifiable reason for a search is not enough under the law.
Challenges to the manner the police searched or seized evidence is usually seen in drug cases where a suspect is stopped and searched and found to be in possession of drugs. It is important to challenge the reason the police engaged in the stop and the manner and reasons for the subsequent search. These challenges are not limited to drug cases but apply in every case that the police conduct a search or seize evidence.
Search warrants are obtained by the police by their conducting an investigation in which they detail information obtained either through surveillance or confidential informants. Evidence is then presented to a Judge requesting permission for a warrant to search a specific area, it must amount to sufficient probable cause to believe a crime has been committed or is being committed and that a search of the private property would reveal instruments or fruits of a crime. Search warrants should be challenged through motions to suppress evidence. The manner in which the warrant is executed, the surveillance takes place or the reliability of the informant are all grounds for having the warrant thrown out.
You need an experienced Boston criminal defense attorney who can challenge the manner in which the police searched or seized evidence in your case. Contact Massachusetts defense lawyer Frank Fernandez for a free consultation. View Case Results to see examples of the great results he has obtained for his clients.