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 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, 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.