Illegal Search & Seizure Lawyer in California

In addition to following proper procedure and obtaining a warrant for a search, warrants must also include certain information. When obtaining a warrant, police officers must state under oath:

• The person or property to be searched or seized
• The location of the search or seizure
• Reasons for probable cause, which outlines the reasons an officer believes a crime was committed or is being committed

When a warrant does not include the above information, there may be a violation of the search and seizure rights of the person.

Over the years, the courts have provided certain exceptions to the requirements for a warrant. These exceptions allow law enforcement officers to seize property without first obtaining a warrant. The exceptions are as follows:

• Searching a person while they are being arrested
• Searching property when the occupant or owner has consented to a search
• Seizing property that is in plain view, such as an open bottle of alcohol, as the police officer did not have to conduct a search
• Searches of government offices, public schools, and prisons
• A search of a vehicle if there are safety concerns for the officer

If you believe your rights have been violated, our California illegal search and seizure lawyers at Burris, Nisenbaum, Curry & Lacy can help you seek justice. Call us now at 510-839-5200 or contact us online to schedule a consultation and learn more about your legal options.