Des Moines Attorneys Defending Your Rights From Illegal Search And Seizure
Last updated on April 8, 2025
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. At Spellman Law, P.C., we can help defend your rights.
If you have experienced a police search recently, and you feel that your rights have been violated, call our firm. Even if you are not entirely sure whether your rights were violated, you can talk with one of our attorneys 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 the dismissal of the charges.
Illegal searches and seizures can occur regarding any type of criminal charge and many situations involving the police, including:
- OWI/DUI – drunk driving
- Drug offenses
- Federal crimes
- Felonies and white collar crimes
- Traffic/DOT violations
- During a traffic stop
- In your home or workplace
- When a police officer stops you while walking down the street
What You Need To Know About Automobile Searches In Iowa
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.
When Are Warrantless Searches Of Private Dwellings And Persons Allowed?
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 emergencies and other circumstances that eliminate this requirement.
Police Searches 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 the destruction of evidence and minimize access to dangerous weapons.
How To Spot A Bad Warrant
Understanding what makes a warrant valid can help you recognize potential legal flaws that could impact your case. In Iowa, a valid search warrant must meet specific requirements under state and federal law. It must be issued by a neutral judge or magistrate, describe the place to be searched and items to be seized with particularity, and be based on probable cause supported by a sworn affidavit.
Red flags in a warrant include vague or overly broad descriptions of the area or items to be searched. For example, a warrant that permits the search of an entire apartment building rather than a specific unit might be problematic. Similarly, warrants that rely on outdated or questionable information can raise legal concerns.
You should also note any searches conducted outside the scope of the warrant. Even a valid warrant does not give law enforcement unlimited authority. If you suspect the warrant was improperly issued or executed, consult a lawyer for help identifying violations to protect your rights.
When Can Police Seize Property?
Iowa law provides specific guidelines for when law enforcement can seize property during a criminal investigation. Property may be seized if it is listed in a valid search warrant, if it is contraband or evidence of a crime found in plain view, or if it is obtained during a lawful arrest. Additionally, property may be taken under Iowa’s civil asset forfeiture laws if it is suspected to be connected to criminal activity.
However, improper seizures can occur, particularly if officers exceed the scope of a warrant or seize items without a legal basis. For instance, police cannot take unrelated personal items that are not relevant to the investigation. Additionally, property seized without adherence to Iowa’s chain of custody rules can raise legal challenges regarding its admissibility as evidence.
If your property was seized, knowing your rights is essential. A skilled attorney can evaluate your circumstances and help you recover improperly taken items or challenge their use against you in court.
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We serve clients throughout central Iowa from our convenient office location in West Des Moines. Call us at 515-222-4330 to schedule a free initial consultation or contact us online. We are available 24/7. Connect with us today.