A NJ Federal Criminal Defense Attorney Explains Search and Seizure

May 13, 2013

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Criminal Law,Federal Crime

Search and Seizure

The foremost goal of your NJ federal criminal defense attorney is to attempt to suppress any seized evidence. The reason for this is that your NJ federal criminal defense lawyer may be able to use this to destroy any case the prosecution has. This is especially true if the seizure turned up items such as weapons or drugs.

A NJ Federal Criminal Defense Attorney Discusses Groundless Searches

Your NJ federal criminal defense attorney knows that many searches are groundless. If the law enforcement didn’t have a warrant at the time of the search, then it is up to the prosecution to demonstrate evidence of a legal search. The state has to show the existence of probable cause, i.e., that they had good reason to believe you broke the law, or possessed evidence of your doing so.

Search Suppression: A List of Issues for Your NJ Federal Criminal Defense Attorney

In order for your NJ federal criminal defense attorney to find out if seized evidence can be suppressed, he or she must ask the following:

• Were you stopped or arrested by law enforcement? If so, is it possible that items removed from you at that time may not be admitted into evidence?

• Were your possessions—such as a wallet, case, and/or digital records—scrutinized by the law enforcement?

• Were any of your bodily substances—such as urine, blood, hair, or skin—removed from your person?

You may also want to speak to a NJ federal criminal defense lawyer if law enforcement overheard or saw digital communications that took place, such as a phone conversations, e-mails, texts, or instant messages.

Talk to a NJ Federal Criminal Defense Lawyer

If you have further questions regarding search and seizure, contact NJ federal criminal defense attorney Tim Anderson at 732-212-2812 for a free initial consultation.