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Illegal Search and Seizure Defense

Criminal Defense Lawyer in Modesto

Did you know that a police officer is not allowed to search you, your vehicle, home or property without your consent or a search warrant? According to the law, you are protected from illegal search and seizures and if you feel that your rights have been violated, you may be entitled to file a lawsuit against the wrongful party.

When you work with Scott Mitchell Law Incorporated, our team will fully review your case and ensure that your rights were never impeded upon during any search and seizure process. If it is found that the arresting officers were in violation of any of your rights, we will aggressively attack and defend your case. You deserve representation from a knowledgeable Modesto criminal defense attorney, and Scott Mitchell Law Incorporated can help!

Protecting Your 4th Amendment Rights

Under the Fourth Amendment to the United States Constitution, every individual has the right to be secure in their homes, places of work, documents and property from search and seizures that are conducted without warrants. If you were pulled over on suspicion of driving under the influence of alcohol and were subsequently arrested, your car cannot be searched without your consent. You are protected from wrongful searches and if you know that you were violated in any way, you need to work with a Modesto criminal defense lawyer who has the experience and knowledge to fight on your behalf.

In order of a search to be deemed "legal" the following provisions must be provided:

  • Probably cause to assume that you are hiding or harboring something in or on your property.
  • A description of the suspicion and places or persons to be searched.
  • A warrant from a judge to search the property.
  • An oath or consent from you, the property owner, to look inside or search the property or person.

What to do if Asked to Adhere to a Search

After being read your Miranda Rights during an arrest, the officer may try to get you to admit to something, such as drinking and driving, so they have probable cause to search your vehicle or property.

In situations like this, it is highly important that you remember to ask to speak to an attorney and do not consent to a search. Even if you have nothing to hide, you should first speak with an attorney to ensure that your rights are protected and that if your case goes to trial, there will be no evidence tampering. You may request to have the officer come back with a search warrant (in which case you must consent to the search, but should always talk to an attorney first.)

Reach Out to a Lawyer Who Can Help - (209) 529-7406

Do you know that your rights have been violated? Are you ready to move forward with protecting your freedoms? You have a strong legal defender on your side who is experienced and ready to defend you and your case. If you feel that your rights were violated in any manner or that you were subjected to an illegal search or seizure of your property, you need to contact Scott Mitchell Law Incorporated right away.

Our team of dedicated legal professionals will thoroughly review your case and work hard to defend your rights and protect your freedoms. Any questions you have regarding your arrest or search can be directed to a dedicated Modesto criminal defense attorney from Scott Mitchell Law Incorporated today. Contact the firm to schedule a free and confidential case evaluation as soon as possible.

Fees and Payments

Here at Scott Mitchell Law Incorporated, when it comes to fees and payments, we strive to be flexible with clients who are seeking legal representation. We offer payment arrangements, flat fee contracts, and traditional retainer agreements. We understand legal representation is necessary for all, and yet difficult for most to pay the fees all at once. Although we cannot guarantee that everyone will be able to hire us, we do promise to do what we can to make it possible for you to hire one of our attorneys to represent you.