Suppression of Illegal Evidence PC 1538.5
Eisner & Gorin, LLP, aggressively protects our clients' constitutional rights. If the police violated your rights when you were stopped and/or searched, the collected evidence may be excluded in court and lead to a dismissal of all charges against you in cases involving Violent Crimes, Sex Crimes, Domestic Violence, Theft and Fraud, Burglary, DUI, Internet Sex Crimes, Internet Fraud Crimes, Weapons charges, Bench Warrants, Juvenile Crime, and Drug Offenses.
Our experienced and tenacious criminal lawyers aggressively present Motions to Suppress Evidence. Our goal is to prevent illegally obtained evidence from being used in court against a client, pursuant to the provisions of California Penal Code Section 1538.5.
When a criminal law judge finds the police violated a person's constitutional rights, the law states that the officers did not have sufficient cause to search you or your property. As a result, the recovered incriminating evidence, such as drugs, firearms, or any other illegal items, is excluded from court. This violation of law usually leads to all criminal charges being dismissed. The same applies to a situation where the police stopped your car for improper reasons to later conduct a DUI investigation, and then the entire DUI case is dismissed.
This area of criminal defense litigation is known Search and Seizure Law. The laws provide protections to all people from unreasonable police infringement on their rights, as defined in the Fourth Amendment in the United States Constitution. The bottom line is that the court will decide whether the police violated your rights.
In cases where there is a search warrant served by law enforcement, a judge has reviewed the officers' reasons for the search in advance. In other words, the judge has signed off on the search, meaning that if what the police told him under oath is true, there is sufficient cause to search a certain location. A motion to exclude evidence may be filed where the police violated what the judge has told them is lawful.
Our law firm will work with you on developing the most effective court strategy to fight your case in court.
Eisner & Gorin, LLP, has offices throughout the San Fernando Valley and in Los Angeles including Van Nuys, Burbank, Santa Clarita, Pasadena, and Glendale. Our criminal defense attorneys are available seven days per week for an immediate consultation.