Category Archives: Fourth Amendment

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

March 9, 2009

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 illegal [...]

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How is evidence suppressed in court?

November 18, 2008

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 [...]

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Illegal searches - Search warrants

November 11, 2008

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 [...]

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Search and Seizure

September 10, 2008

Along with questions about when the police are required to give somebody their Miranda rights, the next most often question people ask me is about getting evidence suppressed or “thrown out” of court.  The Fourth Amendment is your legal protection against unreasonable searches by the government.  Without first obtaining a search warrant from a judge [...]

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