Defending Your Rights

Even when you have been arrested and charged with a crime, you have rights. There are strict limitations on what the police can and cannot do when it comes to searching your home, your car and your person. Des Moines illegal search and seizure attorneys at Spellman Law can help defend your rights.

If you have experienced a police search recently, and you feel that your rights have been violated, call Spellman Law, P.C. Even if you are not entirely sure whether your rights were violated, you can talk with a Spellman Law Attorney in a free, confidential setting to discuss your case. Evidence gathered from an illegal search and seizure can be suppressed during the criminal trial, which often leads to dismissal of the charges.

Illegal searches and seizures can occur regarding any type of criminal charge, including:

Automobile Searches

Automobile searches require at least reasonable suspicion on the part of the arresting officer that criminal activity is taking place. Although this maxim is true as a general matter, there are certain exceptions in different contexts that lower this requirement. In the context of automobile searches, police officers are given a great deal more latitude than they are in other contexts.

Searches of Private Dwellings and Persons

The limitations for police searches of homes are much more stringent than they are for automobile searches. A warrant is required in almost every home search situation, though there are certain emergency and other circumstances that eliminate this requirement.

Search Incident to Arrest

An arrest of a suspect is another context in which the police have more leeway to conduct a warrantless search. During the process of arresting a suspect, or immediately after an arrest, the police often search a person and immediate vicinity to prevent destruction of evidence and minimize access to dangerous weapons.

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