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Illegal Searches & Seizures in East Bay

Protect Your Rights with Our Walnut Creek Defense Lawyer

The Fourth Amendment of the Constitution protects American citizens from unreasonable or unwarranted search and seizures by the government. Numerous court opinions have upheld this doctrine, and today the police have to follow a very specific process in order to obtain the right to search you, your home, or your car. The rules governing this process are extremely broad, and as a result a number of questions often arise regarding whether a search was warranted.

If you have recently been searched by the police and were found to be in possession of illegal drugs, it is important that you contact our experienced Walnut Creek criminal defense lawyers as soon as possible. Attorney Michael Cardoza of The Cardoza Law Offices may be able to help you determine if your right to expect privacy was violated by an unjustifiable police search. We have many years of criminal defense experience, including several high-profile cases, and more than 500 television appearances on shows including The Larry King Show, Oprah, and Today.

If you were found in possession of drugs during a questionable search, call The Cardoza Law Offices today at 925.274.2900 for a free consultation.

When is a Search Warranted?

Generally the courts will ask two questions to determine if a police investigation was actually a “search” and whether or not the search was justified. This is an important legal distinction because if the search was not justified, the evidence against you (i.e. the drugs you are found in possession of) is not admissible in court and you cannot be prosecuted for it.

The two questions the court will ask are:

  • Is the person being investigated expected a degree of privacy?
  • Is the expected degree of privacy reasonable?

If the police have “probable cause,” which is a reasonable suspicion that a crime has occurred, including expectation that evidence linked to that crime can be found on a person or property, then police do have the right to perform a search. This is rarely straightforward and an East Bay criminal defense attorney may be able to help you prove your innocence in the event the police overstep their authority.

Have you been found in possession of drugs during a search? Don’t hesitate to contact The Cardoza Law Offices today for legal assistance!