Search and Seizure
Search and seizure laws are based on the principles of the fourth amendment.
The fourth amendment was established to protect people from unlawful, unwarranted,
and unreasonable searches and seizures of property or person by the government.
Searches are considered an inspection of a person or property, where
as seizures can refer to either the arrest of an individual, or the seizure
of assets.
Law enforcement officials do not have an automatic right to search and seize an
individual or his/her property. The fourth amendment clearly states that, “the
right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.”
In order for law enforcement officials to legally conduct a search and seizure
on a person or property, they must:
- Have a valid search warrant
- Have a valid arrest warrant
- Have probable cause that the person had engaged in illegal activity or that illegal
activity had occurred on the property
It is important to remember that law enforcement officers must have either a valid
search warrant or arrest warrant in order to lawfully conduct a search or seizure.
It is not enough for an officer to simply suspect that criminal activity is occurring.
If law enforcement illegally conducts a search or seizure, any evidence that
is found will not be admissible in court.
Contact our Orange County Search and Seizure Attorneys
Law enforcement officials commonly conduct a search and seizure to find
evidence when illegal drug use or activity is suspected. If you have been arrested
in Orange County for a drug-related offense, it is important to
contact a skilled attorney immediately. At Coffey & Coffey, our talented Orange
County drug crime attorneys are experts in this area of the law,
and have succeeded in getting our clients’ charges reduced or dropped.
At our firm, our attorneys personally investigate each case, challenge hard evidence,
examine testimony, and aggressively negotiate with prosecutors and judges.
Coffey & Coffey has obtained successful results for individuals in cities throughout
Orange County, including Anaheim, Newport Beach, Irvine, Costa
Mesa, Santa Ana, Orange, Dana Point, Laguna Beach, Fullerton, Garden Grove, Yorba
Linda, Brea, San Clemente, Huntington Beach, Tustin, Buena Park, Placentia, Laguna
Niguel, Mission Viejo, San Clemente, Westminster, Stanton, Fountain Valley, La Habra,
Los Alamitos, and many more.
Contact our Orange County drug crime attorneys at Coffey
& Coffey today for your free case evaluation at 1-800-706-7888.
Because We Specialize in Orange County Cases Only, We Have a Huge Advantage
Over All Other Attorneys!