Did Police Violate Your Right Against Unreasonable Search And Seizure
The Fourth Amendment to the Constitution protects all Americans from unlawful police searches. This is one of the cornerstones of our rights as Americans, and as such, it plays an important role in criminal defense cases.
If a law enforcement official collects evidence without following the proper procedure, that evidence may be ruled inadmissible in court. At Moheb Legal Defense, PLLC, we carefully examine each client’s case to determine whether police officers violated our client’s constitutional rights. If we uncover a search and seizure violation, we will step in and push for the dismissal of evidence.
Protect Your Constitutional Rights
Under Virginia’s search and seizure laws, police officers must have probable cause to believe you have committed a crime before they can pull you over or detain you. In most situations, officers cannot search your car or your possessions without obtaining either your permission or a search warrant.
This gives Virginia residents more power than they usually realize. When a police officer asks you whether he or she can search your car, backpack or even your pockets, you are perfectly within your rights to say “no.”
You may be told that the officer will get a warrant, and that by giving permission, you can “save everybody a lot of time.” However, it is still best to refuse in this situation, as the magistrate will not necessarily provide a warrant to the officers, especially if they cannot show probable cause.
Contact A Skilled Search And Seizure Lawyer
Unfortunately, violations of search and seizure laws are far from uncommon in Virginia. If you believe the evidence in your case was obtained improperly, Roanoke search and seizure law attorney Sheila Moheb can help. When you schedule a free consultation with our law firm, attorney Moheb will meet with you one-on-one to learn more about your legal situation and the factors leading up to your arrest. Then, she will aggressively push for the removal of any improperly gathered evidence.