Are you a victim of Illegal Search and Seizure in Colorado?

If you have been charged with a crime and feel your constitutional rights have been violated by an illegal search, a Colorado criminal defense attorney can help you.  First, it makes sense to learn your rights.   According to the Fourth Amendment of the U.S. Constitution, illegal search and seizure is an important issue, guaranteeing the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..."  Violation of these rights has been cited by defense attorneys in many criminal cases, often resulting in the charges being dropped or dismissed.    However, in the context of the war on drugs, and its subsequent expansion of police powers, evidence produced through illegal search and seizure has been allowed in some cases.  This development has presented a significant challenge to the Fourth Amendment’s integrity.

In an effort to find drugs or drug paraphernalia, searches and seizures can occur wherever drugs might be found, such as on street corners, public transportation, and in cars, homes and schools. A search can be deemed “illegal” or “unreasonable”, depending on the facts of the case.  Generally, any search of a home, person or car without a valid search warrant or probable cause is considered an unreasonable search, or an invasion of privacy.

Often, when someone is charged with a crime based on this type of evidence, a motion can be prepared and filed by a Colorado criminal defense attorney to “suppress” that evidence from being presented in court.  The attorney will attempt to prove that the manner by which the evidence was seized violated constitutional rights. If the lawyer can successfully convince the judge that the evidence in your case was obtained illegally, the judge can suppress that evidence and possibly any other evidence the State has against you. 

But keep in mind, even in cases where the evidence has been illegally seized, there’s no guarantee it will be suppressed, as there are a number of exceptions to this rule.   In some cases illegally-seized evidence can be taken into consideration when deciding on appropriate sentencing following a conviction.  It can also be admissible in certain civil and deportation cases, or to challenge the credibility of a witness who testifies in the trial. 

If you believe you have been searched illegally, consult with a Colorado criminal defense lawyer right away, and learn more about your rights, possible defenses and how to navigate the legal system.