Illegal Search and Seizure: 4th Amendment Violations
I will petition the court to suppress other evidence – exclude other evidence from trial – by proving the officer illegally searched the driver or his property. The officer may only search the driver if he gave consent, if the officer believed the driver possessed a weapon, or if the officer arrested the driver. The officer may only search the car if the driver gave consent, if the officer had probable cause to believe contraband was present in the car, or if the officer believed weapons were in the car. Our strategy is to challenge the officer’s search and ask the court to exclude all seized evidence.
