Search & Seizure Rights in Bakersfield
Skilled Bakersfield Criminal Defense Attorney
It is common during criminal arrests to have your body, vehicle, or home
searched by a police officer. Most criminal investigation searches are
conducted without a search warrant. Searches that are completed without
a warrant are done so with total disregard for your privacy and is a violation
of your Fourth Amendment right. Law enforcement is trained to look for
evidence of a crime. Bakersfield police officers need probable cause to
stop you and can not have a "hunch" that you may have committed a crime.
Police officers are not supposed 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. Their "hunch"
maybe their probable cause and the reason you are under arrest. You need a
Bakersfield defense attorney who is trained to uphold your constitutional right to be free from unreasonable
searches and seizures.
If you are facing criminal charges,
schedule an evaluation with a criminal lawyer in Bakersfield.
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, our
Bakersfield criminal defense attorneys can start conducting an 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. Our criminal defense attorneys
will provide fierce and confident representation in court so you don't have to.
If you feel that your rights have been violated,
schedule a case evaluation with The Law Offices of Kyle J. Humphrey.