Illegal Search And Seizure

Attorneys Serving Alameda County and Contra Costra County, California

Criminal defense lawyers should do everything they can to prevent serious punishment for their clients. But, too often, attorneys just cop a quick plea without thoroughly investigating a case. This is a disservice to their clients; if, for example, the police used illegal search and seizure, the case might have been dismissed.

The Bay Area lawyers of Traback & Du Bois gained their reputation by winning surprising victories, and each one depended on their rigorous preparation. They are very familiar with search and seizure laws, and know how to take police to task if they break them. Contact them for a free initial consultation if you or a loved one has been accused of a crime in Contra Costa County, Alameda County, or elsewhere in the Bay Area.

Laws Pertaining to Illegal Search and Seizure

Defenses against illegal search and seizure require an understanding of both California and federal laws. The most important law of all is the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable invasions of privacy. In most cases, this means that police:

  • Must have a search warrant
  • Must have probable cause to believe you have something illegal
  • Must not engage in racial profiling

But there are special circumstances. If the person could not have had a reasonable expectation of privacy, it does not count as a Fourth Amendment violation. For instance, if the person had illegal drugs in plain view, the person apparently did not expect privacy, and police can use the drugs as evidence.

Unlawful searches are most often seen in marijuana possession charges and other drug cases. At Traback & Du Bois, our lawyers have used the Fourth Amendment, asset forfeiture laws, and other illegal search and seizure defenses to help our clients fight drug charges.

Contact Us

If you need an aggressive lawyer who can defend your legal rights, contact the lawyers of Traback & Du Bois immediately and set up a free initial consultation. Call our Oakland office at 510-835-8005 or our Pleasanton office at 925-463-3311.

We represent clients throughout the greater San Francisco metropolitan region, including Alameda County and Contra Costa County, in Oakland, Hayward, Pleasanton, Walnut Creek, Fremont, Martinez, Richmond, and Pittsburg.