Illegal Search = Dismissal of All Charges!
Many law enforcement officers care little about following constitutional laws and protecting defendants’ rights. Officers gamble on weak defense lawyers.
Searches and Detention of Occupants on the Premises
As a criminal defense attorney in Michigan, our primary goal is to achieve a dismissal of all charges when possible. One of the first things a great lawyer will examine is whether a search was done legally. An illegal search and detention can result in a Motion to Suppress Evidence and a dismissal of all charges. It takes a top,
In 1981, the United States Supreme Court decided in Michigan v Summers, and ruled that officers executing a search warrant may detain occupants on the premises while the search is conducted. The United States Supreme Court recently decided on a case that has marginally limited the rule in Summers. In Bailey v United States. The defendant left the premises before the search began, and officers waited to detain him until he had driven about a mile away.
The Court said there is no justification for the detention of an occupant beyond the immediate vicinity of the premises covered by the search warrant. This is because there is no real concern for officer safety, facilitating the completion of the search, and preventing flight when the recent occupants are beyond the immediate vicinity of the premises. The Court did decline to define what “immediate vicinity” meant leaving it to the lower courts to make that determination by reviewing factors such as whether the occupant is within the line of sight of the premises and the ease of reentry to the premises from the occupant’s current location. A future case, yet to be decided, will have to determine the extent of illegal search and detention relative to the “immediate vicinity” element.
The 4th Amendment – The Intersection Between Illegal Search and Detention
The Fourth Amendment of the United States Constitution plays a crucial role in protecting individual privacy and safeguarding citizens from arbitrary governmental intrusions. Its core principle is to establish a balance between the individual’s right to privacy and the needs of law enforcement. The Amendment reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.”
This language sets forth several vital protections. Firstly, it protects against “unreasonable” searches and seizures, meaning that law enforcement activities in this regard must be justified and reasonable in their scope and execution. Secondly, it establishes the “probable cause” requirement for issuing warrants. This means that a neutral judge or magistrate must agree that there is a reasonable basis to believe that a crime has been committed and that the search will likely uncover evidence. Furthermore, any warrant issued must be specific, clearly stating the location to be searched and the items or individuals to be seized. This specificity requirement prevents overly broad or indiscriminate searches.
Thus, The Fourth Amendment serves as a fundamental safeguard against excessive governmental power, ensuring that citizens’ privacy is not arbitrarily violated. Over the years, various court decisions in cases defended by the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. have interpreted and expanded upon these basic protections, adapting them to changing circumstances and technologies, such as electronic surveillance and digital privacy issues. We can file a Motion to Dismiss all charges in cases where an illegal search results in an improper detention.
How Can Defense Attorneys Request Dismissal Based on an Illegal Search and Seizure?
The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have fought for and won dismissal charges based on an illegal search and seizure by filing motions to suppress evidence in courts throughout Michigan and in federal court. This process is critical to defending the accused’s constitutional rights in criminal proceedings. Here’s a general overview of how this is typically done:
- Identifying Constitutional Violations: The first step is for the defense attorney to determine whether a Fourth Amendment violation occurred. This involves examining whether the search and seizure were conducted without a valid warrant, without probable cause, or in a manner that otherwise violated the defendant’s rights to privacy and protection against unreasonable searches.
- Filing a Motion to Suppress: If a violation is identified, the defense attorney will file a Motion to Suppress evidence with the court. This motion argues that the evidence obtained during the illegal search and seizure is inadmissible in court. The motion must be backed by legal arguments and, where applicable, supporting evidence demonstrating the unlawful search and seizure. A motion to suppress an illegal search can result in a dismissal of all charges if the search resulted in an improper detention of the accused.
- Legal Arguments and Precedents: In the motion, the defense attorney will typically cite legal precedents and constitutional law principles. This might include referencing previous court decisions where evidence was suppressed under similar circumstances, demonstrating how the current case aligns with established legal standards.
- Hearing on the Motion: The court will schedule a hearing after the motion is filed. During this hearing, the defense attorney has the opportunity to present arguments and, in some cases, evidence (such as witness testimony) to support the claim of an illegal search and seizure. The prosecution will have the chance to counter these arguments.
- Judge’s Decision: The judge will consider the arguments from both sides and decide on the motion. Suppose the judge agrees that the search and seizure were illegal and the evidence crucial to the prosecution’s case was obtained due to this illegality. In that case, they may rule the evidence inadmissible.
- Potential Case Dismissal: If the suppressed evidence is central to the prosecution’s case, its exclusion can sometimes lead to a dismissal. Without the key evidence, the prosecution may be unable to prove the defendant’s guilt beyond a reasonable doubt.
It’s important to note that the specific procedures and effectiveness of such a motion can vary depending on the jurisdiction, the nature of the alleged crime, and the specifics of the case. Defense attorneys must be well-versed in constitutional law and the nuances of legal precedent in their jurisdiction to argue a motion to suppress effectively.
LEWIS & DICKSTEIN, P.L.L.C. is the Firm to Help You
In today’s increasingly complex legal environment, understanding your rights, particularly under the Fourth Amendment, is more crucial than ever. At LEWIS & DICKSTEIN, P.L.L.C., we recognize the profound impact an illegal search, seizure, and detention can have on an individual’s life. The Fourth Amendment protects you from unreasonable searches and seizures, ensuring your right to privacy is respected. However, when law enforcement oversteps these bounds, the consequences can be severe, leading to unlawful detention and the potential for criminal charges based on improperly obtained evidence. Our experienced team is deeply committed to upholding these constitutional protections and advocating for those wronged by such violations.
If you or someone you know has been subjected to a search that you believe might have been unreasonable or illegal, resulting in criminal charges, it’s essential to act swiftly and strategically. The attorneys at LEWIS & DICKSTEIN, P.L.L.C., specialize in meticulously examining the details of your case, identifying any Fourth Amendment infringements, and skillfully maneuvering to challenge illegally obtained evidence. We understand that the key to a successful defense often lies in the ability to effectively argue for the dismissal of such evidence, which can lead to the reduction or even dismissal of charges. Our proven track record in handling complex criminal cases positions us uniquely to provide the aggressive, knowledgeable representation needed in these situations. We invite you to reach out to us for a free consultation, where we can discuss the specifics of your case and explore the best legal strategies tailored to your defense. Remember, protecting your rights is not just our profession – it’s our passion.
Michigan criminal defense attorneys who are experts in criminal law and constitutional law
If you are facing criminal charges, you must have legal representation that keeps you abreast of the ever-changing field of criminal law. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. always keep up with the current status of federal and state criminal and constitutional law. If you were the subject of an illegal search and detention, we can fight to get your charges dismissed! It is essential to our attorneys that they are knowledgeable of the most recent criminal laws so that the people they represent have the very best and most affordable criminal defense available to them.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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