“Can my case get dismissed if I was illegally searched?”

San Diego criminal defense lawyer Stefano Molea describes the law surrounding unreasonable searches and seizures and how a criminal defense lawyer who knows the law can leverage an illegal search to benefit the client, potentially leading to a dismissal.

Office Address:
Law Office of David P. Shapiro
3500 5th Avenue
Suite 304
San Diego, CA 92103
619-295-3555

Can my case get dismissed if I was illegally searched?

Hi, Stefano Molea here, San Diego criminal defense lawyer and partner at the Law Office of David P. Shapiro, where we help good people regain control of their future when charged with a crime. The Fourth Amendment guarantees protection against unreasonable searches and seizures. So let's say that you were detained, either in person or in a public place or during a traffic stop, and that detention leads to a search, and that search leads to contraband or evidence that is the basis for criminal charges. If any of those steps were conducted illegally, it starts a forward domino effect that has a potential of throwing out any evidence obtained after the start of the unlawful detention or search.

Let me give you some legal terminology. The police need reasonable suspicion to detain you or temporarily restrict your freedom while they investigate their suspicion that a crime has been committed or is going to be committed. And by the way, see my other video about asking whether you're detained or free to leave. If the basis for the initial detention is illegal, then every single thing that comes afterwards has a potential of getting thrown out. Let's say that the detention is legal, but the arrest was without probable cause. In other words, illegal. Then incident to arrest, they do a search of your pockets and find drugs, let's say. Then the illegal substances are suppressed as a result of an unlawful search.

Another common scenario is the search of a vehicle. The police need probable cause to search a car unless they have consent. If no consent is provided and they search a car, as a criminal defense lawyer, I can then potentially we argue that they lacked probable cause. And therefore, anything found in the car should be suppressed. The technical term is a motion to suppress, and in California, to pursue into Penal Code Section 1538.5. Of course, there are other legal principles that apply and make the issues nuanced and complex. But I hope this overview was helpful. Have any questions, feel free to leave them in comments or give me a call. Stefano Molea, San Diego criminal defense lawyer. (619)-295-3555.

[T-Flooring]

I was search with a warrant n there was no probably cause