Can I file a Motion to Suppress Based on an Unlawful Seizure?

Can I file a Motion to Suppress Based on an Unlawful Seizure?

You can always seek to suppress the evidence against you if the police have violated your 4th Amendment right to be free from unreasonable searches and seizures. The police violate a citizen’s constitutional rights all the time by the way they search for illegal contraband or drugs without a warrant. Any good and experienced criminal defense attorney will be able to spot the 4th Amendment violations by the police and file the appropriate Motion to Suppress the evidence that is being used against you. Once a court rules that the evidence was obtained in violation of your constitutional rights, the evidence or what was “seized” is considered “the fruit of the poisonous tree” and is inadmissible as evidence in the case against you. The charges against you are usually then dismissed if there is no other evidence.

There are warrantless searches and searches made pursuant to a court authorized search warrant. In both instances, the police often go beyond the scope of what they are allowed to search for. In a search without a warrant, the police often search a vehicle or person without consent. They often search based on a “hunch” they may have and not on a reasonable suspicion of criminal activity as the law requires. In a search warrant, the police may search places or people that are not authorized to be searched. It’s important that if you feel your Constitutional right to be free from illegal searches and seizures is violated, you contact an experienced criminal defense attorney right away.

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Ray Lopez has practiced since 1990, with prior experience as a Hillsborough County assistant State attorney and lawyer for the Tampa Police Department. He handles all criminal charges, from traffic violations and misdemeanors to serious felonies and federal drug charges. He practices in all state and federal courts of the Tampa Bay area and throughout Florida, as well as criminal appeals, juvenile court, administrative hearings, and civil forfeiture proceedings.

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