Orange County Domestic Violence Lawyers
Criminal Defense Attorney in Orange County
Almost every time the police arrest someone for a drugoffense or for domestic violence in Orange County in or near the arrestee’s
home the cops will go look in every room in the house. Criminal Defense Lawyersin Orange County have come to know this type of a search as a “protective sweep”.
And although the police do it on virtually every arrest, it is not
always legal. But the police don’t really care whether their searches are legal
or not because usually the worst thing that happens is that the evidence is
thrown out. But that only happens if your Orange County domestic violencelawyer challenges the search in court.
In a recent case decided by the California Court of Appeal,
6th District, the police went to the defendant’s house and arrested
him for domestic violence. They had him handcuffed outside his home when the
defendant asked his roommate to get his shoes and wallet from his room. The
police insisted on coming along and the officer followed the roommate
into the defendant’s room. The cop found drugs in plain view in defendant’s
room. The police charged defendant with domestic violence and for drug possession. The police tried to justify the search as
a protective measure to make sure the roommate did not return with a weapon to
try to injure the police with. The court of appeal rejected this argument and
ordered the evidence against the defendant to be thrown out. People v. Werner, case no. H037156.
When the police make an arrest for domestic violence, drugs,theft, assault, or any other reason in or near someone’s home they cannot perform a
protective sweep search of the home unless they have a reasonable suspicion based on
specific and articulable facts that the area to be swept harbors a dangerous
person. Maryland v. Buie
(1990) 494 U.S. 325, 337. This standard must be applied to every protective
sweep performed without a search warrant. That’s why it’s extremely important
to consult with an Orange County criminal defense attorney if your home or
place where you were staying has been searched. If evidence against you has
been illegally obtained by law enforcement then you will need the aid of a
domestic violence lawyer or drug defense attorney in Orange County to present the
court with a suppression motion. Once a suppression motion is filed, the police
must then describe the specific and articulable facts that led to a reasonable
believe that a dangerous person was hiding in your house. If they can’t, the
motion must be granted the evidence will be thrown out and the drug possession charges
against you could be dismissed.
If you have been arrested for domestic violence, drugs,
theft, assault or any other crime in Orange County and you have been the subject of a
search, it is in your best interest to consult with an experienced Orange County criminal defense attorney today. Call the Law Offices of EJ Stopyro at (949) 559-5500.
The consultation is free and confidential. Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro
Criminal Defense Lawyer in Orange County
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