Criminal defense cases cover both criminal suits — charges brought by the government to punish an individual for an act classified as a crime — and civil suits — claims brought by individuals or organizations as a dispute over rights and duties.
In criminal law, the statutes and caselaw regarding search and seizure often determine what happens in a specific criminal case. Whether or not evidence was unlawfully obtained by law enforcement can mean the difference between charges being dismissed versus spending significant time in prison or jail. We have previously discussed issues regarding traffic stops, including the use of information from an anonymous caller, but there are many factors the court takes into account when determining whether a stop or search was unreasonable. If you have recently been arrested on charges where evidence was obtained through a stop or search of your person or property, make sure to discuss all facts with your criminal defense lawyer so you are aware of all defenses that may be available.