Education is the best defense.
Sughrue Law focuses on educating the accused and doing whatever it takes to protect your rights. Whatever your crime, it’s important to know your basic legal rights.
When a Search Warrant isn’t Warranted
There are a large number of criminal procedure rights that come from the Fourth, Fifth, Sixth and Eighth Amendments of the U.S. Constitution. You are guaranteed the right to legal counsel and protection from unlawful searches and seizures.
A criminal defense lawyer will review the details of your arrest to determine whether police had probable cause to make an arrest. If there are any defects in the warrant, the arrest can be invalidated and the suspect may be released.
Similar to the requirements of an arrest warrant, search and seizure warrants must also be supported by probable cause. The warrant must state the precise location and area to be searched. If evidence is uncovered outside the scope of a valid warrant, a criminal defense lawyer may file a motion to suppress.
A search warrant is not required in the following situations:
- Search Incident to Arrest: you are being arrested and law enforcement searches your person for contraband. The officer may also search any area within the accused’s arm’s reach
- Plain View: If officers are lawfully in an area and see contraband in plain view, they can seize those items without a warrant.
- Consent: If someone consents to a search, there is no requirement that officers obtain a warrant;
- Stop and Frisk: If officers have a reasonable suspicion that an individual may be armed, they may stop and frisk that person without a warrant.
- Automobile Exception: If officers have validly pulled a vehicle over for a violation of a crime, they may search the vehicle for contraband without a warrant.
- Exigent Circumstances: If police are in hot pursuit of a suspect and the time needed to obtain a search warrant would be dangerous, case law supports an exception to the warrant requirement.
There are only three reasons a police officer will want to talk to you: If you are a victim of a crime, a witness to a crime or an actor in a crime. Two of those three reasons can result in your arrest. Talking to the police without a lawyer if you are a witness to a crime or an actor in a crime may result in your arrest or more charges. No one suspected of a crime should talk to law enforcement without the benefit of a lawyer. When cops get in trouble, the first thing they do is hire an experienced, dedicated criminal defense lawyer.
Contact Sughrue Law at 412.391.1629 and request a free 15 minute telephone consultation.
50th Anniversary of Your Miranda Rights
Thanks to countless movies and television shows, these words evoke one of the most well-known Supreme Court decisions of all time, Miranda v. Arizona (1966). This decision famously requires the police to give specific warnings to a suspect as a condition to custodial interrogation: that the suspect has the right to remain silent; that statements by the suspect may be used in court; that the suspect may consult with a lawyer during interrogation; and that a lawyer will be provided if the suspect cannot afford one.
Cybercrime Center uses Microsoft Cloud technology to visualize data and track criminals.
Microsoft has unveiled its latest effort to combat cyberthreats with the opening of its new Cyber Crime Center. The state-of-the-art operations facility, located on Microsoft’s Redmond, Wash., campus, provides specialists with an array of advanced tools to visualize and identify cyberthreats around the world.