Search & Seizure

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. In many criminal investigations, the police will conduct searches and seizures without a warrant. Searches conducted without a warrant a per se unreasonable under the 4th Amendment and it is up to the prosecution to justify a warrantless search. Mr. Humphrey and Mr. Thompson are experienced in litigating 4th Amendment search and seizure issues that have resulted in evidence and arrests being declared unlawful. When a court makes such an order, the prosecution’s case is dead in the water and the result is a dismissal.

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.

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.”

Choose a Proven Firm in 4th Amendment Protection

The law in this area is in a state of constant change. Mr. Humphrey and Mr. Thompson 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.