Nevada Search and Seizure Laws
Las Vegas Illegal Search and Seizure Lawyer
Brown Law Offices is highly competent in search and seizure laws and should be contacted at once if you have been arrested for a criminal offense to determine if your rights have been violated.
The Fourth Amendment of the U.S. Constitution protects people from unreasonable search and seizure. It limits the power of police to search a person, make arrests and seize property without "probable cause" that the person committed a criminal offense can law enforcement conduct searches and seizures. The basic purpose of the Fourth Amendment is the protection of our right to privacy.
The expectation of privacy is established in two ways:
- Did the person believe or expect privacy?
- Would society also agree with the person's expectation of privacy?
When a defendant's Fourth Amendment rights have been violated, the validity of their case can be challenged. This can result in a reduction in charges or case dismissal. It can also preclude evidence collected during the illegal search from being admissible in court, which can lead to an acquittal or not-guilty verdict.
What Illegal Search & Seizure Is Not
Search and Seizure laws only come into play when you have a "legitimate expectation of privacy". Having drug paraphernalia in plain view on your passenger seat does not qualify as a circumstance where you can expect privacy. An officer is fully allowed to seize those items as evidence against you. Even if you did expect privacy in the front of your car, this expectation would not be recognized by society and is an invalid defense.
It should also be noted that4th Amendment rights only apply with governmental officials. If someone like a private security guard merely suspects someone and searches through their belongings, whatever evidence is found can be used in court. The search was not illegal. A Las Vegas criminal defense attorney at our office can thoroughly review your case for any violations of search and seizure laws that can be used in your defense.
Motion to Suppress
A motion to suppress is a formal request to a judge to prevent certain evidence from being considered in a criminal case, usually as a result of Fourth Amendment privacy violations that occurred when the evidence was acquired. If the judge agrees to the motion, the incriminating evidence cannot be used during the trial. A motion to suppress can be requested in cases involving searches with and without warrants.
Contact a Las Vegas criminal defense attorney today!
Our firm has considerable prosecution experience and is intimately familiar with the laws pertaining to search and seizure. We can be relied on to tenaciously protect your constitutional rights.
Contact our Las Vegas criminal defense lawyer at Brown Law Offices if you have been arrested for a crime to find out if you constitutional rights were violated.
