If you are currently facing criminal charges, you may be worried that the evidence against you seems pretty strong. But are you sure the evidence was obtained legally? In most cases, police officers must obtain a warrant before conducting a search of your property.
The Fourth Amendment protects Americans from unreasonable searches and seizures by law enforcement. If police conduct a search without a warrant or if that warrant is invalid, your Fourth Amendment rights might have been violated. Under those circumstances, you may be able to have that evidence thrown out.
At the law firm of Buting, Williams & Stilling, we examine not only the evidence against you but also how that evidence was obtained. Did law enforcement have a warrant? Was it a valid warrant? If so, did police try to conduct a more extensive search or additional searches that were not specifically allowed by the warrant?
For instance, a warrant may be invalid if it:
- Was issued based on police testimony that is false
- Was issued despite lacking important and necessary information
- Was used to search your property on multiple occasions
How law enforcement agencies gather evidence is very important to whether or not that evidence can be used against you. If we determine that evidence was obtained illegally and in violation of your Fourth Amendment rights, we can file a motion to suppress that evidence. This means that the evidence will not even be shown in court. The jury would not be informed of it.
Every case is unique, which is why our criminal defense attorneys will examine all aspects of your case to determine the most appropriate defense strategies. If you want to learn more about our commitment to defending your Constitutional rights, please visit the Fourth Amendment violations page on our website.