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. 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.

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.

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.

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) 898-9653 for a free consultation and put our experience to work for you.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. 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, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, Yelp

Why Choose Us

  • More than 14 years of experience
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  • Represent wide range of criminal charges