If you have been charged with a crime, you may be aware that there are often multiple ways in which you can defend yourself against the charges which have been brought against you. The types of defense strategies which may be available to you depend largely upon the nature of the crime that you have been charged with. If you have been charged with a drug crime or some other crime for which the charges are based upon evidence which was obtained during a search and seizure, it is possible that a search and seizure defense may be available to you.
As an American, you are protected from unreasonable searches and seizures by the Fourth Amendment to the United States Constitution. Unfortunately, unreasonable searches and seizures happen every day despite the Constitutional guarantee. If you have been charged with a crime which involved any type of search or seizure, it is important that you talk to a Kansas Criminal Defense Attorney about your case. A Fourth Amendment defense is one tool that criminal defense attorneys can use to help their clients, and it can be a very effective tool because it can be used to prevent the prosecution from presenting key pieces of evidence to the court.
Fourth Amendment defenses can take a variety of forms. One type of search and seizure defense is based upon the validity of the search warrant. Search warrants must be supported by probable cause, which means that an officer must have had information available to them which would have led a reasonable person to believe that a crime had occurred or was in progress. If the search warrant which was issued prior to the search and seizure in your case was not based on probable cause, it may be defective. Likewise, a warrant may be deemed invalid if it did not provide a specific enough description of the place which was to be searched and the person or items which were to be seized.
Sometimes, a Fourth Amendment defense is focused on the search itself. A search which was conducted pursuant to a valid warrant may be deemed defective under certain circumstances. An example of how an improper search can be made pursuant to a valid warrant occurs when law enforcement officers go beyond the scope of the warrant and search in places that are not specifically described in the warrant.
Fourth Amendment defenses can also be made in some cases involving warrantless searches. Warrantless searches are often performed as part of an arrest, upon the consent of the person to be searched, in emergencies, and when items are in plain view of an officer. Warrantless searches must be supported by probable cause, so some of them are valid and some are not.
If you have been charged with a crime and the charges are based upon evidence which was obtained during a search and seizure, you deserve the best possible defense. Your Kansas Criminal Defense Attorney can help you to determine whether a Fourth Amendment defense is available in your case. Whether this type of defense is available or not, your attorney can select a defense strategy which meets your needs. Your Kansas Criminal Defense Attorney will also give your case the personal attention that you deserve. To learn more about how a Kansas Criminal Defense attorney can help you with your Kansas criminal matter, please call our Wichita office today at (316) 264-1548.
