The Fourth Amendment of the United States Constitution and the Constitution of the State of Colorado bar unreasonable searches and seizures.
Any law enforcement entry into an individual’s home requires a warrant or the voluntary consent of the individual in control of the property. A search warrant authorizes law enforcement to search specified places or seize specified items upon a showing of probable cause. To obtain a search warrant, law enforcement must first prove to a magistrate or judge that probable cause exists that evidence of a crime will be found in the location the warrant seeks to search.
There a certain exceptions to this rule. Exigent circumstances is one exception. This means that law enforcement has probable cause but no time to get a warrant. If someone is in immediate danger, if the suspect will escape, and in certain other circumstances, law enforcement is allowed to enter the property without a warrant. Law enforcement is also not required to get a search warrant to search a vehicle that they have stopped if they have probable cause to believe criminal activity is taking place. In addition, police officers are not required to obtain a search warrant to perform a limited search of an individual for weapons if they have a reasonable suspicion to justify that intrusion. If an individual has been lawfully arrested, the arresting police officers do not need reasonable suspicion, probable cause, or a search warrant to perform a complete search of the individual.
When the Police Violate Your Fourth Amendment Rights
If the police obtained evidence against you during an illegal search, we will file a motion to suppress this evidence. This means that, if successful, the motion will not allow the prosecution to use this evidence against you in your case. We have successfully litigated motions to suppress evidence seized as a result of search warrants in misdemeanor and felony prosecutions, including the suppression of drugs, weapons, paraphernalia, financial documents, and other items which the prosecution has attempted to use at trial. In many cases, if the motion to suppress is successful, the prosecution will not have enough evidence to prosecute the case and will be forced to dismiss it.
Free Attorney Consultation
If you’re facing criminal charges, this is a stressful, difficult time for you. You can get the help and guidance you need from the experienced Denver, Colorado criminal defense lawyers at the Law Office of Andres R. Guevara. Call us today for a free consultation to discuss your case. We’ll let you know what we can do for you.