The founding fathers were very concerned about the government abusing power. They did not want law enforcement to be able to go into a person’s house just because they felt like it. In fact, they were so concerned about this issue that they created the Fourth Amendment to protect citizens. It was drafted and passed to protect people from unreasonable searches and seizures – including warrantless searches.

Then why are warrantless searches allowed today? This is a complex issue. Keep reading to get the basic facts, and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if your rights have been violated or if you have been charged with a crime.

It All Comes Down to the Term “Unreasonable”

The Fourth Amendment is designed to protect people from “unreasonable” search and seizure. They used this word to mean that a police officer does not always need a warrant to search a person’s property. For example, if there are exigent circumstances (such as someone in immediate danger) and probable cause that a crime has been committed or is being committed within a residence (such as several witnesses seeing the alleged criminal going into the property), then the officers might not need a warrant.

Sometimes the Police Go Beyond What the Constitution Allows

Whether on purpose or not, in some cases, police officers do go beyond what the law allows. If an officer does so, and they obtain evidence against you, then that evidence was not lawfully obtained and therefore should not be allowed at trial or to be used against you. In order to prove this, you first need an experienced criminal defense attorney.

We will look at the facts of the case, the officer’s report, and your side of the story. If the office did not follow procedure and did illegally search your home or property, then we will file a motion to have that evidence suppressed. This motion must be filed with the correct court, within the correct timeframe, and with compelling evidence. This is not something a defendant can reasonably do on their own.

We Are Here to Help You Find the Right Way Out

If the police have unlawfully obtained evidence against you, it does not matter what crime you are being accused of – that evidence is not legal and should not be used against you. When you contact Law Office of Michael L. Fell for a free legal consultation, we will go over the specifics of your case and your involvement in the alleged crime. We will talk about the way the evidence against you was obtained.

You should not have to deal with illegal searches and seizures – it is against the very foundational documents of this country. Call us now at (949) 585-9055 today for help.