Search & Seizure Rights in Bakersfield
Skilled Bakersfield Criminal Defense Attorney
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 a
Bakersfield defense attorney who is trained to uphold your constitutional right to be free from unreasonable
searches and seizures.
Know Your Fourth Amendment Rights
The Fourth Amendment of the United States Constitution guarantees each
“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.
Choose a Proven Defense Firm to Handle Your Case
The law in this area is in a state of constant change. Mr. Humphrey and
the staff at The Law Offices of Kyle J. Humphrey 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.