This post begins a series which will discuss how search and seizure issues impact that handling of criminal matters in the Phoenix, Arizona area. It is important to have this discussion as, more often than many realize, police officers violate either the Fourth or Fifth Amendments when making an arrest and, as a result, there are ways to fight the charges. If you have been arrested, and feel that your rights have been violated, then it is important to understand that you have recourse. Contact a criminal defense lawyer immediately to learn more about your options.
I will be addressing a number of topics over my coming articles. Each of these issues will relate to questions I am often asked or to issues I regularly see arise in Court. Subjects I will touch on include:
- One’s Fourth Amendment rights when confronted by the police
- Whether the police may seize a person on the street
- One’s rights when stopped in a vehicle
- When the police may use a drug-sniffing dog to inspect a vehicle
- The process for excluding illegally seized evidence from Court
- Whether one is entitled to have a lawyer present during police questioning
- The ramifications of speaking to the police without a lawyer present
- Law enforcement’s ability to use statements gained in violation of one’s Miranda rights
Too often people feel that they have no right to refuse when stopped or questioned by police. The Bill of Rights, however, exists so that we do not have to live in a police state and so that people may feel safe and secure and in their privacy. While these legal protections do not automatically stop the police from violating an individual’s rights, they do provide recourse whenever such rights are violated.
As a criminal defense lawyer, search and seizure issues are something which I take very seriously. As do many other attorneys, I recognize that if these rights are not protected then we will quickly find ourselves living in a society which many would not find desirable. This is just one reason why I adamantly protect my clients in the event of a constitutional violation. Contact my Phoenix office today to schedule an initial consultation. I also service other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert and I assist Pima County residents in Tucson.