Illegal Search And Seizure Attorney In Augusta
One of the primary ways that police and prosecutors get evidence against a person is through the use of searches. In vehicles at homes and anywhere you may be, if they make the right argument and have a warrant, you can be searched. However, there is a fine line between a legal search and a constitutional violation, and that can be a major part of your defense.
My name is Pete Theodocion, and I’ve been a defense attorney for people in Augusta and across northeastern Georgia for more than 25 years. Before that, I was a federal prosecutor. Across my career in the law, the legality of a search has been a teetering point for the cases I’ve worked on, and I know how to pursue this avenue for my clients facing some of the most serious challenges under Georgia and federal law.
The Elements Of An Unlawful Search
When the police overstep their boundaries in a traffic stop or in serving a search warrant, they trampled on your constitutional rights. Violated rights are a major cornerstone of any defense. These are the typical hallmarks of an illegal search:
- A traffic stop that ends in a detailed, thorough search where there was no probable cause
- Police searching for evidence beyond what is listed in the search warrant
- Police mishandling evidence, potentially fabricating or contaminating its collection
- Police using false information to achieve probable cause to conduct a search
Police have a lot of power and leeway when it comes to conducting searches, and for your safety, it’s vital not to resist a search in the moment. However, just because the police officer thinks they are able to search as they please, does not mean they aren’t in violation of the Fourth Amendment.
Understanding Your Fourth Amendment Rights
The Fourth Amendment protects people physically present in the United States from unreasonable searches and property seizures. Police officers who want to search private property, a vehicle or a person need a reasonable legal justification for the search.
Law enforcement can typically search if they obtain a warrant signed by a judge. To secure a warrant, they must provide sworn affidavits describing where they want to search and what they intend to seize during the search. Judicial oversight helps prevent unreasonable searches and judges can decline to issue warrants.
Without a warrant, officers need probable cause or consent to search. Probable cause to search a property or arrest an individual is a very specific legal standard. Officers must be able to articulate a reasonable suspicion of a specific criminal offense based on what they directly witnessed.
The Georgia State Constitution reinforces and expands on the Fourth Amendment. Court interpretations of the Georgia Constitution provide the basis for the suppression of evidence obtained through unlawful searches. The exclusionary rule allows defense attorneys to ask the courts to exclude evidence obtained through unconstitutional searches.
Common Types Of Illegal Searches I Challenge
I am ready to defend your Georgia state and federal constitutional rights after an illegal search. Police officers may insist they have the right to search a vehicle without establishing probable cause or obtaining consent first. A minor traffic infraction does not justify a comprehensive search of the vehicle without the presence of additional factors.
A search of a private residence or a business may be illegal if police officers force their way inside without articulable probable cause, a warrant or permission. Even if they have pursued a criminal suspect from another location, the severity of the crime must warrant the invasion of privacy that occurs.
If other people living or working at a home or business consent to a search, police officers are only able to search shared spaces and not the private room or office of the person they suspect of criminal activity.
Digital searches, including phone searches, may be illegal if police officers don’t obtain warrants or consent in advance. Attempting to gain biometric access to a locked device from a person in handcuffs without their permission could constitute an inappropriate and unlawful search of an electronic device.
Pat-down or stop-and-frisk searches are only lawful after an arrest, with a person’s consent or if an officer reasonably suspects that they possess a dangerous weapon. In scenarios where officers search without an appropriate justification, I can help you challenge the search and suppress the evidence they secured. Doing so may help lead to the dismissal of your pending charges.
Get Help From An Experienced Attorney Today
My first job as your attorney is to protect your rights from end to end. The fight to secure your rights against all government overreach is not going to be an easy one.
However, with my experience and insight into how prosecutors and police build cases, I can help level the battlefield. Call my office today for a free consultation on your case by using 706-250-8762 or sending an email using this form.