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Were You Subject to Unlawful Search & Seizure?

One of the most effective defenses to Nevada criminal charges is that law enforcement committed an illegal search and seizure in your case. If the court agrees that those police officers didn’t adhere to proper protocol, it can dismiss any evidence found from the unlawful search, perhaps resulting in your case being dismissed entirely.

In most cases, a search warrant is necessary to permit police officers to search private locations for evidence. If law enforcement officials demonstrate “probable cause” that a crime has occurred, a judge may issue a search warrant. Mere suspicions are not enough to justify a search warrant.

A warrant can be considered “invalid” if it includes any of the following:

  • The officer lied to the court about having probable cause when he or she applied for the search warrant.
  • The warrant is so broad and ambiguous as to the places and things to be searched.
  • The judge who issued the warrant had a bias against the person being issued it.

On the other hand, police do not need a search warrant:

  • If the person agrees to have his or her person or property searched after police ask for permission.
  • If the police legally arrest someone, then they are allowed to search the arrestee’s body and the area within the arrestee’s “immediate control.”
  • If any items are in “plain view” that law enforcement has probable cause to believe is evidence of a criminal offense.
  • During inspections, such as a sobriety checkpoint or airport security search.

If you may have been the victim of an unlawful "search or seizure" in Nevada, contact the Law Office of David R. Fischer and schedule a free consultation with our Las Vegas criminal defense lawyer today.