Search & Seizure
Many of our clients come to our office and tell us that they had their body, vehicle, and home searched by a police officer without a warrant. Many of these clients cannot believe that their own personal sanctity was violated with blatant disregard of their rights and personhood. We tell our clients that this is common practice by police officers. Law enforcement is not trained to respect the individual rights of each person. For most police officers this consideration is given little more than a moment’s thought. Police officers are trained to look for evidence of a crime. The cops have an agenda – to put people in jail for committing crimes. Their perspective is skewed by this agenda. Police officers are not supposes to rely on a “hunch” and the United States Supreme Court has stated this time and again. In real life, though, the cops are always relying on a “hunch” or their gut instincts. If a police officer is confronted with a situation in which he or she must choose between following a “hunch”, or, not violating an individual’s constitutional rights, the cop is going to choose his or her gut instincts 9 times out of 10. They are trained to do so. You need an attorney who is trained to uphold your constitutional right to be free from unreasonable searches and seizures.
The Fourth Amendment of the United States Constitution guarantees each individual:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
In a case in which the police have abused its authority and violated our client’s rights we begin from the outset by researching the specific issues and conducting investigation in order to file a motion to suppress. A motion to suppress is filed in order to challenge law enforcement’s reason for searching you and seizing items they discovered. The motion requires the District Attorney and the police officers to come to court and justify their actions. They must carry the burden of proving the lawfulness of their conduct. The law in this area is in a state of constant change. Mr. Humphrey, Mr. Thompson, and the staff take great pride in staying current on the state of the law and applying the best strategies and arguments in attacking the government’s conduct. A successful motion to suppress will prevent the government from using any of the evidence they obtained against you. In most cases, a successful motion to suppress signals an end game for the government because the court has ruled its evidence out and it has no choice but to dismiss the case.