Defending Your Rights From Illegal Searches By West Des Moines Police
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.