Category Archives: Fourth Amendment

Pat down searches – Orange County Criminal Defense

When can the police pat you down?  How far can they go? A patdown search, sometimes called Terry search or a frisk is only authorized in certain circumstances.  If you want to see a perfect example of when it’s not supposed to happen, look at an old rerun of the TV show COPS.   Seems like […]

Do the police have to show the search warrant? What about reading my rights?

Search Warrants and Miranda Rights After the police serve a search warrant, the questions that frequently come up are:  “Were they required to show me the warrant?”  and “I was never read my rights while they searched my house – weren’t they supposed to?” There is no legal requirement that the search warrant be shown […]

Hands-free cell phone law – Can they prove it? (Orange County criminal defense)

I know – I’m a little behind the times – the new “hands free” cell phone law has been in effect since July of 2008.  I was wondering if they were going to make changes to the law to overcome what I see are some basic glitches.  What glitches? Vehicle Code section 23123 makes it […]

How is evidence suppressed in court?

In order for evidence to be admissible against you in court, it must be relevant and competent.  Relevant means it must have something to do with the case.  It must tend to prove or disprove any fact at issue.  For example, drugs found in a search in a drug case would obviously be relevant.  Competent […]

Illegal searches – Search warrants

The Fourth Amendment is your Constitutional protection against illegal searches by the police.  It is based on the principle that you have a right to privacy and before the government (the police) can search, they must have legal justification.  You are not absolutely protected against all searches by the police.  The Fourth Amendment protects against […]