The Fourth Amendment to the United States Constitution and Article I Section 13 of the California Constitution protect citizens from unreasonable searches and seizures by the government. People have the right to conduct their lives without interference by law enforcement unless there are specific articulable facts that a crime is taking place and the person is connected to the crime. If such facts exist an officer may detain a person and pat search him for weapons. Further, if an officer has a search warrant lawfully issued by a magistrate upon probable cause a person, his home and vehicle may be searched.
If a person is charged with a crime and the evidence of that crime was obtained by search either with or without a search warrant it is the duty of defense counsel to challenge the search if there is reason to believe the search was unlawful. If the challenge is successful the evidence will be suppressed and cannot be used against the accused. If that is the only evidence against the defendant a dismissal will result.
The attorneys at the Law Offices of Lawrence & Peck are experienced at challenging searches and have won many suppression motions in the courts of Monterey County. We pride ourselves on the excellence of our research and motion work and will devote those skills to your case.