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Police Search: What are Your Rights?

Police Search: What are Your Rights?

police searchIllegal searches happen more often than many people realize. Victims of illegal searches often also feel it is futile to claim illegal arrest protocol or unlawful search because they assume the prosecutor will request evidence suppression that is routinely granted by the presiding judge. That assumption is not necessarily the case when you have an experienced and aggressive criminal defense attorney in Kansas City Missouri like John Anthony Picerno. However, it is important to understand that searches conducted on residences and buildings are different from searches conducted on vehicles and other partially transparent private spaces. An officer has significantly more authority to search a vehicle when they can personally observe that criminal behavior may be occurring such as can happen by viewing through a vehicle window or windshield.

Residence and Structural Search

Executing a search in a home or specific building must be done by order of a search warrant issued by a judge based on officer testimony of reasonable suspicion to look for a probable cause for a criminal activity at that specific location. Officers may also search a property by the authorization of the owner or occupant as well, but many times the occupant is the target of the search when the property is rented and owned by another party.

Vehicle Searches

Vehicle searches are commonly performed outside of the established legal protocol, as many times they are conducted without a warrant. Commonly the argument concerning an illegal search comes down to the officer’s word against the defendant, and absent any physical documented evidence, reasonable doubt can clearly exist. Reasonable doubt is the standard for criminal charges to not apply, and many times the prosecutors will work a plea arrangement or dismiss the case completely when an experienced criminal defense attorney can successfully argue reasonable doubt for their client.

Never merely accept the fact that a criminal charge cannot be beaten. Always call a criminal defense attorney in KC MO like John Anthony Picerno who will fight for all of your legal rights concerning illegal search and unlawful detainment.