Do I Have Any Rights During a Search and Seizure in California?

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Do I Have Any Rights During a Search and Seizure in California?

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When the police show up at your home, you may think you must comply and agree to anything they tell you to do. However, this is not always the case, as you have protected rights. This is especially true for those subjected to a search and seizure. If the police want to search your home, you must enlist the assistance of a Sacramento criminal defense lawyer to help protect your best interest. Keep reading to learn more about your rights and what happens if they’re violated during a search and seizure.

What Happens During a Search and Seizure?

When the police come to your home, they cannot enter and start looking around without your consent, a search warrant, or exigent circumstances.

During this process, the police will enter your property, usually with a warrant. Law enforcement will generally conduct a sweep to ensure their safety before looking for evidence of criminal activity. If they discover something that can help their case, it will be seized or taken into police custody as evidence.

Do the Police Have Any Restrictions?

As previously mentioned, the police must have one of three elements before searching someone’s property. Without these elements, they are not allowed to conduct an investigation on your property, as this violates the Fourth Amendment of the Constitution. This protects citizens from unlawful searches and seizures.

It’s also important to note that the police are restricted to areas specified in a warrant. For example, if the police can only search your car and garage, they are prohibited from entering any other location in your home unless you give them permission. However, if something is left in plain view, you lose the expectation of privacy. For example, if you left the door that connects your garage and home open, showing drugs sitting on the table. In this instance, the police can seize the drugs.

What Should I Do if I Think My Rights Were Violated?

If you believe your rights were violated during a police-conducted search and seizure, you must contact an attorney. Unfortunately, many are unfamiliar with their rights, and law enforcement will take advantage of that.

Aside from entering your home without one of the necessary elements, if the police overstep the boundaries set by the warrant, they may violate the search. For example, if the officers conduct a quick sweep for their safety, they may look in closets for a hidden assailant. However, it would be unreasonable for them to search your medicine cabinet for a threat.

In some instances, if your rights are violated, it could mean the evidence collected may be barred from trial. Without this proof, the defense may not have a case against you. As such, the charges may be dropped.

When you need assistance, the Law Offices of Dale R. Gomes is here to help. Our dedicated legal team will examine the circumstances surrounding your charges to fight for the best possible outcome. Contact us today to learn how we can guide you through this challenging time.