Criminal Procedure Law: 4th Amendment

Do you need a Criminal Defense Attorney who Understands the 4th Amendment to the Constitution? Do you have a criminal legal problem where your constitutional rights may have been violated? Do you need the assistance of a criminal defense attorney who understands criminal procedure law? Our office has experience with these issues and can help you to resolve the criminal charges filed against you. We have an attorney who understands the 4th amendment and can adequately and zealously represent your interests. Evidence may have been obtained illegally. In which case a suppresion motion may be appropriate. If you have a legal problem and require the services of a lawyer who understands constitutional criminal procedure law, please feel free to contact a criminal attorney in our Orange County office for a consultation.

4th Amendment Law

The 4th Amendment of the Constitution is a cornerstone of criminal procedure law. This is very important in criminal law. Doctrines such as "Fruit of the Poisonous Tree" have been a hallmark of criminal procedure law. The 4th Amendment of the Constitution states as follows: "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." Under the fourth amendment several criminal procedural issues arise specifically the right of unreasonable search and seizure as more fully discussed below: Moreover, warrantless searches in one’s home are per se invalid. A person has a reasonable expectation of privacy in their home. In order for there to be a valid warrant issued the fourth amendment must be satisfied and several questions must be asked and answered. Was there probable cause supported by an oath or affirmation? Was there a neutral and detached magistrate? Was the warrant properly executed and describing the place to be searched and the persons or things to seized?

Exceptions to the Warrant Requirement:

There are several exceptions to the warrant requirement and the courts trends have been consistently to carve out additional exceptions to the requirements applicable to the Fourth Amendment.

• The first notable exception is the good faith exception.
  
  
• Consent is an exception to the warrant requirement:
  
  1. Consent must voluntary and intelligent
  
  2. Person must have authority or reasonably appear to have authority to consent.
  
  3. The search must be within the scope of the consent.
  
  
• Search incident to a lawful arrest exception to the warrant requirement.
  
  1. The person must be arrested and the arrest must be lawful
  
  2. The search must be contemporaneous with the arrest
  
  3. The things seized must be on the person or within their wingspan
  
  
• Plain View exception to the warrant requirement.
  
  1. The police must be lawfully on the premises with a lawful vantage point
  
  2. The items to be seized must be in plain view.
  
  
• Automobile Exception to the warrant requirement
  
  1. Probable cause
  
  2. Exigency of the automobiles mobility causes
  
  3. Reduced expectation of privacy
  
  4. The scope will be discussed further at a later date as time permits.
  
  
• Stop and Frisk: (Terry Stop) - Terry v. Ohio, 392 U. S. 1 (1968). Click here for a brief synopsis from Wikipedia
  
  Reduced expectation of privacy – Reasonable suspicion of criminal activity afoot is the requirement (probable cause is not required).
  
  1. Frisk or pat down
  
  2. Further discussion of Terry to come as time permits.
  
  
• Hot Pursuit gives rise to an exception to the warrant requirement.
  
  
• Fruit of the poison Tree

More to come as time permits.

If you have a criminal legal issue and require the services of a lawyer who understands constitutional criminal procedure law, please feel free to contact an attorney in our Orange County office for further assistance.