Your Case Could Be Dismissed If the Judge Throws Evidence Out Due to an Unlawful Search
For accused individuals, the evidence presented in court often will decide if you are found guilty or not guilty. But what happens when that evidence comes from an unlawful search? Courts take constitutional rights seriously, and when those rights are violated, it can have profound consequences for a case.
Unlawful searches, which violate protections against unreasonable search and seizure, can lead to evidence being deemed inadmissible. This simple yet powerful legal reality might even lead to the dismissal of charges. This blog will guide you through the significance of unlawful searches, what qualifies as one, recent case examples, and steps your attorney and Wallin and Klarich can take to help you win your case.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
Understanding the Fourth Amendment
The Fourth Amendment to the United States Constitution is where your right to be protected from unlawful searches begins. It reads as follows:
“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.”
Simply put, the Fourth Amendment ensures that law enforcement cannot invade your privacy or property without proper justification, often requiring a search warrant signed by a judge. This safeguard is at the very heart of lawful evidence gathering. Any evidence obtained by violating these important constitutional protections can be challenged in court by our lawyers.
What Constitutes an Unlawful Search?
Law enforcement doesn’t have unlimited power when it comes to searches. A search becomes unlawful when it oversteps the boundaries laid out by the Fourth Amendment. Here are examples of when a search might violate your rights:
- No Warrant or Probable Cause: Officers typically need a warrant, issued by a judge, before conducting a search. If a search is done without a warrant and without solid evidence (probable cause) to justify it, you may be dealing with an unlawful search.
- Improper Execution of a Warrant: Even with a warrant, officers must follow strict guidelines, including only searching the areas and items specified in the warrant. Searching beyond the scope of the warrant could be unlawful.
- Consent Through Coercion: If officers persuade or coerce you into consenting to a search, that consent may not hold up in court.
- Unlawful Stops and “Stop-and-Frisks”: If police stop and search you without reasonable suspicion that you’re involved in illegal activity, their actions might be a violation.
- Searches After an Illegal Arrest: If you were arrested without probable cause, any subsequent search could be considered unlawful and challenged.
Steps to Challenge an Unlawful Search
If you believe you’ve been subjected to an unlawful search, taking swift and strategic action is key. Here’s what you should do to protect your rights and challenge the search in court:
1. Contact an Attorney from Wallin & Klarich Immediately
An experienced criminal defense attorney can review the specific circumstances of your case and determine whether the search was legal.
2. Do Not Consent
If you suspect the search may be unlawful, assert your rights by refusing to consent. Say firmly, “I do not consent to this search.”
3. File a Motion to Suppress Evidence
Your skilled Wallin & Klarich attorney can file a motion to suppress if evidence was obtained during an unlawful search. This legal document asks the court to prevent that evidence from being used against you, as it violates your constitutional rights.
Recent CA Case Studies of Suppressed Evidence
Recent California legal cases over the past year have demonstrated the far-reaching impact of unlawful searches. Here are a couple of key examples highlighting how evidence suppression can change outcomes dramatically.
People v. Paul (2024)
Los Angeles Police Officers Charles Kumlander and Helmkamp approached Jeremiah Paul’s vehicle late one evening, positioning themselves on either side of the car and illuminating the interior with flashlights while Paul was on the phone. Kumlander inquired whether Paul was on parole, and after Paul affirmed, the officers searched his car and discovered a firearm. The trial court denied Paul’s motion to suppress the evidence, concluding the interaction was consensual. Paul subsequently entered a no-contest plea to firearm possession with a prior violent conviction but later appealed, asserting the encounter was not voluntary. The appellate court overturned the decision and sent the case back for further proceedings, ruling the encounter violated the Fourth Amendment. The court found that the officers’ proximity to the car and use of flashlights constituted an authoritative presence, making it unreasonable for Paul to feel free to refuse the interaction without a sense of compulsion.
People v. Flores (2024)
In May 2019, Officer Daniel Guy and his partner stopped and searched Marlon Flores after spotting him in an area associated with narcotics activity, standing near a car parked in a red zone. Upon seeing the officers, Flores moved out of sight and appeared to tie his shoe as they approached. The officers placed Flores in handcuffs and proceeded to search both him and his car, uncovering methamphetamine and a revolver. The trial court denied Flores’s motion to suppress the evidence, citing his behavior as sufficient for reasonable suspicion, a decision later upheld by the Court of Appeal. However, the California Supreme Court ultimately overturned the judgment, holding that the stop violated Flores’s Fourth Amendment rights. The court highlighted that being present in a high-crime area, behaving unusually, or not cooperating with law enforcement does not constitute reasonable suspicion unless supported by objective evidence of criminal activity. The detention was ruled unlawful since the officers lacked concrete facts linking Flores to any crime.
These cases demonstrate how safeguarding constitutional rights is not only possible but critical in preserving justice.
Know Your Rights, Protect Your Case
Defending yourself from criminal charges is no easy task, but understanding the importance of lawful searches is a powerful first step. The Fourth Amendment exists for a reason, and when it’s upheld, it ensures that everyone receives fair treatment under the law.
If you suspect your rights were violated through an unlawful search, don’t wait to seek help. Contact an experienced attorney to fight for your rights and ensure justice. Protecting yourself starts with knowledge—and now that you have it, use it to your advantage.
Contact Wallin & Klarich Today
If you are facing criminal charges based on a potentially unlawful search, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
