You have constitutional rights that protect your privacy. Under the Fourth Amendment to the US Constitution and Article 14 of the Massachusetts Declaration of Rights people in Massachusetts have a right to be free from unreasonable searches and seizures.
A search and seizure is unreasonable if law enforcement does not have a legal justification to search the person or place or does not have a court-issued search warrant
Anytime a person is arrested and a search and seizure takes place it is important to consult a lawyer right away. That lawyer will help you determine if the search and seizure was lawfully conducted.
A Formula for Success
The only way to combat an unlawful search and seizure is with a Motion to Suppress. A Motion to Suppress is a tool that lawyers use to protect clients from illegal searches from the government. If an attorney is successful in suppressing evidence, the government cannot use it at trial against the person. Suppression acts as a punishment against the police for not following the rules.
Defense attorneys typically try to suppress as much evidence as possible. Any statements not in compliance with the rules of Miranda may also be suppressed and deemed inadmissible.
For example, if an overly intrusive police officer searches a place that they are not authorized to search and finds drugs, those drugs can be suppressed. If suppressed, the contraband cannot be used as evidence. If narcotics are the only evidence of a crime, then the case will be dismissed, with the accused incurring no penalty.
With years of experience successfully suppressing drugs, evidence, and statements, contact Medford criminal defense attorney William Barabino to learn more about this useful way of ensuring that your rights are protected.
Investigating the Scene and Ensuring that Your Rights Are Safeguarded
Suppressing evidence requires a sharp eye and close attention to detail. This often requires investigating the scene of an incident, collecting evidence on the nature of the interaction between law enforcement and a person accused of a crime.
Hire a criminal defense attorney who will look at all the elements of the case, ready to take the initiative to ensure that your constitutional rights are protected.
Take Action Now and Contact a Criminal Defense Attorney
Contact criminal defense attorney William Barabino by calling his Medford, Massachusetts law office at 781-393-5900. You may also complete his online contact form.