Defending Your Fourth Amendment Right Against Illegal Search And Seizure

Clear and hard evidence is usually the most important and most effective feature of a prosecutor's case, which is why law enforcement officers, either intentionally or unintentionally, will conduct illegal searches of a person's car, home and personal property. Unless you have a skilled defense attorney willing to point out this clear violation of your constitutional rights, you could find yourself facing a criminal conviction you might otherwise have avoided if evidence had been suppressed.

At The Law Office of Kevin L. Barnett, we protect our clients' constitutional rights by filing motions to suppress any ill-gotten evidence. Criminal defense attorney Kevin L. Barnett is well aware of the tactics police use to obtain evidence. He often can tell right away if the police conducted an illegal search and seizure of evidence. When you work with Mr. Barnett, you can rest assured knowing your defensive strategy will be strong and will protect your best interests from beginning to end.

The Investigation Phase: Important Questions To Ask

Law enforcement illegally obtains evidence in many ways. Often, their tricks and methods are subtle, and many of our clients are unaware that an illegal search and seizure took place. When investigating your case, we will ask the following questions:

  • Did the police have voluntary consent or a search warrant to enter your house?
  • Did the police lie to get inside your house?
  • Was there reasonable suspicion to stop your car?
  • Did the police have permission to search your car?
  • Did you ask for a lawyer?
  • Were you granted legal counsel after your request?
  • Did the police stop asking questions after you asked for a lawyer?
  • Were you arrested?
  • Were you read and did you understand your Miranda rights?

Depending on the answers to these questions, Mr. Barnett will file a motion to suppress the evidence. Without enough evidence to convict you, the prosecution may drop the case.

Illegal Search And Seizure In Drug Crime Cases

Although a violation of you Fourth Amendment right can happen during any criminal investigation, most commonly, we see it happen in drug crimes cases, with which we have extensive experience. Whether police search your car without probable cause during a routine traffic stop or search your person without a warrant during an in-person encounter, we want to hear about it so we begin addressing this very serious issue immediately before criminal charges start affecting your life and reputation.

Talk To Us — Get A Free Consultation

If criminal charges resulted in the unlawful search and seizure of property in your vehicle or home or on your person, don't hesitate to speak up by contacting a skilled criminal defense attorney in North Carolina like Kevin L. Barnett. Our law firm offers free initial consultations where you can discuss the details of your case and get on-the-spot advise about how best to proceed.

If you would like to schedule a consultation at our Charlotte office, please call 704-899-5574 or reach us online by sending us a brief description of your case.