Ventura Illegal Search

There are times that one needs a criminal defense attorney to make sure that one’s constitutional rights have not been violated, as in the case of illegal search. California penal code §836 states that a police officer may only arrest a person without a warrant “when probable cause exists to believe the person has committed a felony (Penal Code §836); or when probable cause exists to believe a misdemeanor has been committed in the officer’s presence, (Penal Code §836).” Federal law goes on to state that “When a detention in a criminal case exceeds the boundaries of a permissible investigative stop, the detention becomes a de facto arrest requiring probable cause. Dunaway v. New York (1979) 442 U.S. 200, 212; People v. Gorrostieta (1993) 19 Cal App 4th 71, 82-83.

Ventura criminal lawyers know that it has been held by the California Supreme Court that probable cause for arrest exists only when the facts known to the arresting officer “would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime”, People v. Price (1991) 1 Cal. 4th 324, 410. Attorneys know that the belief must be based on objective facts and circumstances and not on the personal opinions and suspicions of law enforcement (police) and the reference would be generally, Schmerber v. California (1966) 384 U.S. 757.

When preparing a defense case against illegal search and seizure one must have an an understanding of both California and federal laws. The single most important law of all is the Fourth Amendment to the United States Constitution that prohibits unreasonable invasions of privacy. In most cases, this means that police and other law enforcement personnel must have a search warrant, or they must have probable cause to believe you possess something illegal and in no circumstances are they to engage in racial profiling.

It is often times the case that unlawful searches are most often found in marijuana possession charges and other drug cases. Tim Quinn knows the Fourth Amendment, asset forfeiture laws and other illegal search and seizure defenses to protect the rights of those accused of drug charges.