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Motions to Suppress Evidence for Fourth Amendment Violations

Sarasota Criminal Lawyers Defending The Constitutional Rights of The Accused

As events over the past decade or so have shown, the police are not the trustworthy community protectors that they try to make themselves out to be. Anyone who is even tangentially involved in the criminal justice system will be able to tell you that police officers routinely lie or exaggerate in order to justify their arrest or worse, justify their own wrongdoing. Criminal defense lawyers often joke that officers charge people with resisting without violence or battery on a law enforcement officer in order to explain why they beat someone up or put someone in the hospital.

The media often only reports on incidences of wrongdoing when it results in someone’s death. However, police wrongdoing is quite pervasive and results in many injustices outside of police killings. Police and other authorities have historically shown little respect for the constitutional protections that are in place to benefit all of us, and consistently try to undermine those protections and circumvent the constitution. Luckily, our court system still has avenues in place to challenge violations of constitutional rights perpetrated by police. If you believe that your constitutional rights have been violated in connection with a criminal investigation, you should not hesitate to contact a dedicated Sarasota criminal defense lawyer to help you assert your rights.

Motions To Suppress

The most important constitutional protection for criminal defendants is created by the Fourth Amendment to the United States Constitution. The Fourth amendment provides that: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Essentially, the amendment allows people in the United States to be free from unreasonable requests by the police. Thanks to this constitutional amendment, police cannot search you or arrest you without probable cause, a warrant, or an exception to the warrant requirement.

Now, the existence of the amendment itself does little to actually prevent police from violating your constitutional rights. In fact, police routinely violate the Fourth amendment and various other protections of the Constitution. It is left to the court system to hand down punishments for violations. If a police officer violates your Fourth amendment constitutional rights, your dedicated Sarasota criminal defense lawyer can file what is known as a motion to suppress. A motion to suppress alleges that evidence of the crime allegedly committed was uncovered in contravention of the provisions of the constitution. If a judge is in agreement with your argument, then some or all of the evidence collected against you may be thrown out and made inadmissible in court.

This situation comes up often when police pull people over in a traffic stop and end up searching the defendant’s car. If your attorney can successfully argue that the traffic stop was either unreasonable or outright illegal, then the judge will suppress any evidence found during the search of the car. And in cases where police obtain a search warrant, your attorney can present evidence that the warrant was obtained unlawfully, resulting in the dismissal of the charges against you.

Speak To Our Lawyers Today

The attorneys at Hanlon Law have years of experience identifying and litigating constitutional issues. If you believe that you were treated unfairly by police or that your constitutional rights to be free from an unreasonable search were violated, you should not hesitate to speak to a dedicated Sarasota criminal defense lawyer. We pride ourselves on achieving excellent results for our clients, and look forward to helping you achieve your goals. Call us today for a consultation at 941.462.1789.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help... Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse