Criminal cases dismissed for illegal search
In marijuana criminal cases, this is even more important.
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Sometimes illegal conduct by police results in suppression of all of the evidence. When that happens, the criminal charges must be dismissed for lack of evidence.
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Interested in legalization? A Rose is a Rose is a … Sale? Marijuana Cultivation Laws in Minnesota. Do you have a question about a marijuana grow charges,or another criminal law question?
You can call Marijuana Attorney Thomas Gallagher at The missing piece Thomas Gallagher argued that the daytime, flyover search was illegal; a violation of the Fourth Amendment protection against warrantless searches, with no applicable exception. Dismissal of all marijuana grow charges.
Probable Cause for a Search Warrant
Therefore, fewer exceptions to the search warrant requirement exist regarding fixed places. Cars and other motor vehicles are, by definition, mobile. There are more exceptions to the search warrant requirement for cars or for people outside of their homes, and police very often may stop and search a person or a motor vehicle based on their own observations without having to stop the investigation to obtain a search warrant. Once again, the police officer's opinion is not the last word. As described above, our Boston criminal law office has successfully argued that a police officer's opinion that there was probable cause was incorrect.
Warrants and the Protection of Privacy
As a result, our clients' cases have often been dismissed. Contact Serpa Law Office for a free consultation about your illegal stop or your illegal search. Free Consultation: Call us in Boston or Quincy at Serpa Law Office Home. Contact Serpa Law Office. Home Why Serpa Law Office? Criminal And Trial Court Advocacy.
Illegal Searches and Seizures in Massachusetts. Serpa Law Office. Other rulings in recent years have made it easier for officials to use evidence obtained in violation of the Fourth Amendment, which bars ''unreasonable searches and seizures. But the Court's logic led it to an odd conclusion: When a policeman requests a warrant for which there is no constitutional basis and a judge issues it, the officer can be sued but the judge cannot.
Illegal Searches and Seizures in Massachusetts | Boston Crime Defense Lawyer
This is the law even though, the Court noted, the judge is guilty of ''greater incompetence'' than the officer. A series of decisions in the last 12 years has narrowed the decades-old rule under which evidence obtained in unreasonable searches or seizures may be excluded from criminal prosecutions. Issue of Fourth Amendment. The Court has rejected arguments that these decisions on the exclusionary rule weakened Fourth Amendment rights and condoned official lawlessness. Other remedies for Fourth Amendment violations are available, it has noted.
Can I Sue the Police for Illegal Search and Seizure in Pennsylvania?
Associate Justice Byron R. White said in his majority opinion Wednesday that while the exclusionary rule has the unfortunate ''side effect of hindering a criminal prosecution,'' civil damage suits against lawless officials can benefit innocent victims.
Such reasoning may pave the way for further erosion of the exclusionary rule. But the Court has also erected a series of barriers to damage suits over the years, painting itself into something of a corner. The officials who typically are involved in Fourth Amendment violations are judges, prosecutors and police officers. Judges and prosecutors, however, are absolutely immune from monetary liability even for intentional violations of constitutional rights. The Court has read these immunity rules into various statutes over the years, citing common law traditions and the danger to ''the judicial process'' if the people who run it had to worry about being sued.