Illegal Search and Seizure Lawyer Philadelphia
The Law Offices of Greg Prosmushkin, P.C. has decades of experience litigating illegal searches and seizures. An Illegal Search and Seizure is when police, or other person acting under police or government orders, searches another person’s body or other property without having probable cause or a warrant to search.
The law for search and seizure is complicated, and there are many things police can do without violating your rights. It’s important to have the right attorney handle your case – one who knows the law, and can immediately spot how to most effectively defend your case.
Warrant searches occur when police and/or prosecutors have already gone to a judge and presented information that makes out probable cause for an arrest or search. In order for a judge for find probable cause, the police must show that there is a reasonable likelihood of information related to a crime and that the search will find the information requested. This is a very loose standard and the vast majority of judges sign off on almost all probable cause petitions the police put before them.
To challenge a warrant search, your lawyer has to show that the information given to the judge by the police did not contain enough information for the judge to sign in the first place. This is known as a “four corners” argument because your lawyer would challenge the information contained in the four corners of the probable cause petition.
It is important to know that if the police are looking for one piece of information, but find other incriminating information during their search, they can then use that other incriminating information to prosecute you. An example of this is if police are looking for drugs, but instead find a cell phone that contains information about drug dealing. They can use the information contained on the cell phone to help prosecute your case, even though they were initially looking for drugs.
Search Incident to Arrest
The most common type of search in Philadelphia and the surrounding areas is search incident to arrest. This is a warrantless search of your person and immediate vicinity. The police generally do not need a warrant to search your person when they take you into custody. The rationale of this is that police need to search you for weapons or other items which might pose a danger to police and other prisoners when they take you into custody. If police find other contraband, such as drugs or anything else that is immediately seen as illegal to possess, they can seize these items, and prosecute you for possessing them.
Philadelphia Illegal Search and Seizure Lawyer
We have years of experience litigating search and seizure. Many cases are won and lost, based not on the facts of the case themselves, but on what evidence is admitted. If the contents of your search are not admitted, many times, prosecutors will not be able to move forward with their case. Call the Law Offices of Greg Prosmushkin, P.C. today to speak to one of our Criminal Defense Attorneys for a free consultation on your illegal search.
This content was written on behalf of Greg Prosmushkin.