Search and Seizure Attorney Serving Milwaukee
We'll Review Your Case at No Cost: (414) 882-8382
The Fourth Amendment to the U.S. Constitution protects all Americans against
unreasonable searches and seizures by government officials.
This means that government officers are prohibited from conducting a search
and seizure of your:
Unless the police have a search warrant or probable cause to believe that
you are committing a criminal act, they are not allowed to search the
above. Although the Fourth Amendment has been somewhat eroded over time
by our courts, there are still many ways that its protections exist to
this day. If you are involved in a search and seizure crime, talk our
Milwaukee search and seizure lawyer at the Law Offices of Christopher
Arrange a consultation
with our lawyer FREE of charge.
Do Police Officers Need a Warrant?
In the absence of an arrest warrant, the police must have "reasonable
suspicion" to believe that an individual has committed or is about
to commit a crime before they can make contact with your person. This
means that a police officer must have
"reasonable and articulate facts" to justify the limited intrusion of interfering with your freedom of movement.
For example, before the police can conduct a traffic stop of a motor vehicle,
they must have a "reasonable suspicion" to believe that you
did commit a traffic violation. If you are caught in a motor vehicle with
drugs and the police did not have a valid reason to stop you, then an
experienced attorney like Attorney Cherella can file a Motion to Suppress
all evidence obtained as a result of the unlawful intrusion. This is known
in legal circles as the "fruit of the poisonous tree."
Arrest Due to Probable Cause
If it is found that the police did have "reasonable suspicion"
to interfere with a person's freedom of movement, then the focus turns
to "probable cause" to arrest that person without a warrant.
The police must have "probable cause" to believe that you committed
a crime before you can be validly arrested.
In the absence of "probable cause", the arrest and all evidence
obtained from the arrest will be suppressed by the trial court. It is
important that you hire an experienced lawyer who can meet with you and
determine if there is reason to file a Motion to Suppress Evidence for
a lack of "probable cause."
Arrest & Search Warrants
Often times, the police will be armed with an "arrest warrant"
or a "search warrant." According to established law, the police
must first apply to a judge or magistrate with an affidavit showing "probable
cause" for the issuance of such a warrant. The judge or magistrate
will then review the affidavit and decide if such "probable cause"
exists. If the court finds that it does not, then no warrant will be issued.
However, if the court finds that "probable cause" is established
within the four corners of the affidavit, he or she will sign the warrant.
The police then have a certain time frame to execute the warrant and return
it to the court for processing once the warrant has been executed by the
police. These time frames must be strictly adhered to in most cases.
It is also important to note that police may only search for the object
or person for which the warrant authorizes in an area where the person
or object can be found. For example, if the warrant is granted only for
the police to search for a rifle, then they cannot go into one's home
and search inside a pill box. Simply stated, a rifle could not be hidden
in a pill box. If such a warrant existed and the police conducted a pill
box search, then anything illegal found inside that box (for example,
drugs) would not be admissible in evidence against that person. Attorney
Cherella knows how to file a Motion to Suppress any inadmissible evidence.
Aggressively Protecting Your Constitutional Rights
There are many avenues of relief under the Fourth Amendment. It is important,
especially in drug prosecutions, that your attorney find out about all
of the facts that led to the arrest of your person or property. Once the
facts are properly established, Attorney Cherella can determine if valid
grounds exist to attack the government's evidence on Constitutional
grounds. We work hard to protect your constitutional rights.
Talk to our attorney
about your search and seizure rights today - (414) 882-8382.