Riverside Search & Seizure Attorney Protecting the Rights of the Accused

Search and seizure provides a way for law enforcement to secure evidence in a criminal case. If you are suspected of a crime, your home, car, cell phone, computer or other property can be searched for evidence. However, every individual has the constitutional right to freedom from unreasonable search and seizure. The Fourth Amendment in the Bill of Rights states this inherent right, and similar protections are written into the California Constitution. At the Law Office of Gregory H. Comings, APC we represent clients charged with domestic violence, drug crimes, weapons offenses, violent crimes, and more. As a dedicated Riverside criminal defense lawyer, Attorney Comings has extensive knowledge of that fuels his advocacy for people facing criminal charges.

California law protects residents from illegal search and seizure. This means that law enforcement cannot unlawfully search their person or property. Evidence cannot be seized without a proper search warrant or a legal exception that is recognized by courts. If police do not have a warrant or the situation does not meet the exception to the warrant requirement, then the prosecution may not be able to proceed with criminal charges.

Generally, police must have a search warrant when you have a legitimate expectation of privacy in the place being searched, or the property that is being searched. A reasonable expectation of privacy exists for those places that you control. This usually includes the trunk of your car, or your house. Law enforcement is prohibited from searching these areas without cause. This must be “probable cause,” knowledge of facts sufficient to support a reasonable belief.

There are certain situations in which the police may have the right to search or seize your property. These include the possession of a valid warrant, consent, probable cause, and no reasonable expectation of privacy. In order to obtain a search warrant, law enforcement must set forth a reasonable showing that there is evidence a particular person committed a crime, or that a crime was committed. Typically, if you have been lawfully arrested, you may be searched. For instance, law enforcement may conduct a pat-down search for weapons.

Police may request your consent in order to avoid securing a warrant. You do not have to consent to a search. Consent may occur if, for example, your spouse provided consent to a search of your home based on suspicion of a drug offense.

A reasonable expectation of privacy does not exist when you are in a public area. Your person and your property may not be protected in the same way. If you are in a restaurant, for example, and a security camera captures an illegal act, you may not have a reasonable expectation of privacy.

Protect Your Case

contact us now
User Icon

Abhiraj Bhatt

Review Icon
Google Icon

She took care of an EDD Audit for us and she was absolutely amazing. Got us great results and kept us out of worry the whole time. Def. Recommend. Thumbs up.

User Icon

Mojeeb Hakim

Review Icon
Google Icon

Allison is very nice person and so honest, she gave me a brief answer for my tax issue and directed me to the right way. Thank you very much appreciate it.

User Icon

Abhiraj Bhatt

Review Icon
Google Icon

She took care of an EDD Audit for us and she was absolutely amazing. Got us great results and kept us out of worry the whole time. Def. Recommend. Thumbs up.

Assault & Battery

CASE OPENED: 2014

CASE CLOSED: 2017

Jury Trial – Charged with PC 273.5(a) Inflict Corporal Injury/Spouse, PC 245(a)(1) Assault w/deadly weapon, PC 422 Criminal Threats – a Strike, enhancement armed with a firearm, 3 counts of PC 273a(a) Willful Child Cruelty. District Attorneys offer was 10 years in prison. Went to trial and was only found guilty of lesser offense of misdemeanors on 5 of the counts. Acquitted on the PC 422 strike. Client went home on misdemeanor probation – No Felonies, and no prison.

The Exclusionary Rule for Illegally Obtained Evidence

When evidence is obtained illegally, or law enforcement fails to abide by procedures, that evidence must be excluded from use in the criminal case. In other words, the exclusionary rule holds that evidence illegally obtained cannot be part of the trial. The outcome of a case may be drastically changed if central evidence is excluded. A skilled defense lawyer can explain how the exclusionary rule may apply in your specific case.

Another doctrine related to search and seizure rules is “fruit of the poisonous tree.” This holds that any evidence indirectly found as a result of an illegal search must be excluded from court. It is important for defendants to understand that evidence is not automatically excluded because an illegal search and seizure occurred. A criminal defense lawyer must move to suppress the evidence and prove the illegality of the act and that the evidence is inadmissible.

Understand Your Legal Rights by Contacting a Skilled Criminal Defense Lawyer in Riverside

Your criminal defense attorney is your advocate. Riverside Attorney Gregory H. Comings fights to uphold your constitutional right to freedom from unreasonable search and seizure. Law Office of Gregory H. Comings, APC is here to discuss your needs. We can be contacted by phone or online.

Tell Us About Your Case

Experienced Defense Committed to Your Best Outcome

Call Icon (951) 686-3457

MEET YOUR ATTORNEY

Profile Image

Gregory H. Comings

Attorney at Law

LEARN MORE

Mr. Comings represented my son. My son was facing 25 to life. Mr. Comings worked very hard on his case. He had a great rapport with the DA. He was able to get my sons case lowered to a few years. I was amazed at the dedication and professionalism he showed. I will never be able to thank him for all that he did!!! Great attorney!

JOHN SMITH

OCTOBER 29, 2024

Our Location

3850 Vine St. Ste 100
Riverside, CA 92507

Location GET DIRECTIONS

Why Partner With Us?

Icon

Over 20 years of Experience

Icon

Passionate Trial Representation

Icon

Se Habla Español

Icon

Responsive, Flexible Services

Contact Us Today