Illegal Search And Seizure

Our Criminal Attorney in San Jose Protects Clients Against Illegal Search and Seizure

Supporting evidence is the backbone of any criminal prosecution. Such evidence may be in the form of physical traces linking an individual to particular location or scene. Often, simply possessing certain items or substances may represent the bulk of the criminal offense. These cases often include weapons offenses or drug crimes, in which law enforcement officials may have seized firearms or illicit substances and materials. 

Challenging the Validity of a Search Warrant

The Fourth Amendment is meant to protect individuals from unlawful and unreasonable search and seizure of their personal property. It also requires that any warrant permitting such actions be judicially sanctioned and justified by “probable cause.” Probable cause refers to the reasonable belief that criminal activity is in progress or has taken place. This presents several possible scenarios in which evidence may have been seized or obtained inappropriately under law.

Searches Without a Warrant

Law enforcement officials must obtain a valid warrant to conduct a search of an individual’s property, with certain exceptions. Under California law, officials may conduct a search without a warrant when, among others:

  • Voluntary permission granted by the property owner/resident;
  • A lawful arrest or temporary detention of a suspect has occurred and the officer is determining the presence of criminal evidence or an item presenting a danger to police, such as a weapon or explosive;
  • The property is a vehicle, and probable cause exists regarding criminal activity or evidence;
  • Incriminating items are in plain view during an otherwise lawful search;
  • There is no reasonable expectation of privacy; or
  • Emergency conditions exist creating the need to prevent serious injury or damage, or to find a suspect.

Challenging Probable Cause

Even if evidence has been seized during a search conducted under the authority of an issued search warrant, the issuance of the warrant itself may be challenged. A warrant is generally issued based on information provided to the judge by law enforcement in an affidavit. Thus, the information contained in such an affidavit may be critical to your case.

There have been many cases in which the submitting law enforcement official knew or should have known information that was intentionally omitted from the search warrant affidavit. This may be done to influence the judge into issuing the warrant by leaving out information that would have benefited the defendant.

In other cases, the affidavit contains so little information regarding probable cause that they cannot withstand careful examination. Judges, however, are sometimes inclined to simply “rubber-stamp” the warrant, rather than taking the necessary time to analyze the facts of the case.

If you are facing charges and you believe you’re the victim of an illegal search and seizure, we can help. Contact us at (408) 898-9770 for a free consultation and put our experience to work for you.

What Sets Us Apart?

Our criminal attorney in San Jose, Nick Cvietkovich, has handled thousands of cases in his career, many of which were dismissed based on improper search and seizure procedures or overturning of a search warrant.

  • Local Knowledge & Experience
    We are a Northern Californian- founded and run firm giving us unique insight into the court system.
  • Well-Known & Respected Team
    The attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations.
  • Dedicated & Experienced Counsel
    Our firm has over 15 years of experience and has successfully handled more than 4,500 cases.
Contact Us Today

If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today.

  • “Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.”
  • “No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.”
  • “Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.”
  • “I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.”
  • “Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.”

Contact Our Criminal Attorney in San Jose. We Protect the Rights of Clients in Cases Involving Search Warrants.

At the Law Offices of Thomas Nicholas Cvietkovich, we respect the legal process and the rights afforded to every defendant. We can investigate your case to ensure that law enforcement officials followed proper procedures regarding the collection of evidence. We know how to work within the legal system to protect your rights. If your rights were violated, then we can work to get evidence removed or your case dismissed.

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