Tips During Search and Seizure Situations

When you are being pulled over, shut down your engine. Stay in your car and remember to keep your hands on top of your steering wheel. During the night turn on the interior light. Ensure that your license, registration and evidence of insurance near you – like in the “sun visor,” but don’t grab them until the police officer request for them. Tell the police officer where you license and registration are and that you are going to grab it. Roll down the window enough to hand the license and registration.

Always be courteous, remain calm, smile if you can and don’t grumble. Demonstrate some respect and say  – “sir and no sir.” Never bad-mouth law enforcement officer, stay in control of what you are saying, body gestures and your emotions. Keep those hands where the law enforcement officer can see them. Never touch the police and never try to escape!

A motion to suppress can be used to bar evidence which was acquired in an unlawfull way. A criminal defense lawyer can file this for you at the outset to find out if evidence will be obtainable in your case.

Probable cause is needed for law enforcement officials to secure a search warrant. If a warrant is not established on legitimate probable cause, it might not stand up to court examination.

Suppression of evidence might result in a case being dismissed. Not having the evidence from a seizure, the prosecution’s case might no longer be provable. So, it could be worth examining the legitimacy of a search or seizure in a criminal case.

 

Tips During Search and Seizure Situations

Search and Seizure – Encyclopedia.com
www.encyclopedia.com›topic›Search_and_Seizure.aspx
The dominant focus of the law of search and seizure is to limit what police can see and hear, ….. A few examples might clarify the standard. …. One issue that regularly arises in the cases is whether police can rely on tips from informants to …

Police and powers to search – Citizens Advice Bureau
www.cab.org.nz › … › Government & Law › Rights of the individual
Aug 14, 2015 – Do the Police have the power to search me without a warrant? … Situations in which the Police can do this include: …. illegal or unreasonable then the court may decide that any items seized during the search are not allowed …

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If there is ANY way to win your case at trial then you need only the best to get the job done. You don’t want a San Diego criminal defense attorney just standing there and reading a piece of paper, you need an attorney who will actively engage the jury and use years of research and psychological experience to tilt the scales of justice in your favor.

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