Tulsa Oklahoma Illegal Search and Seizure Lawyer
When law enforcement agents conduct a search and seizure, it must all be done in a lawful manner. Most search and seizure issues arise in the context of a traffic stop that evolves into a search for illegal drugs or a search of someone’s home. If the police conducted a search of your home or car, you need a Tulsa Oklahoma illegal search and seizure lawyer. The motion to suppress illegally seized evidence is arguably the most powerful weapon in a Tulsa Oklahoma criminal defense attorney’s arsenal. If there are no exceptions to the warrant requirement that exist during a police encounter, then police are required to go before a judge and get a search warrant. In order for a judge to issue the search warrant, the police must fill out a search warrant affidavit stating the reasons (the probable cause) why the warrant should issue and then present the affidavit to the judge. If the judge finds that there is probable cause to believe that a crime has been committed based upon the search warrant affidavit, then a search warrant will be issued. However, even if the police did obtain a search warrant, it is still possible for an Oklahoma defense lawyer to defeat a search warrant based on the information contained within the search warrant affidavit.
If the police did not obtain a search warrant or failed to follow the correct procedures while conducting a lawful search, any evidence obtained may be suppressed by the court. If the evidence is suppressed, the case may be dismissed. Occasionally, suppression of certain evidence may not lead to a dismissal of all the charges, but it can result in far better plea negotiations with the district attorney’s office. There is an important point to understand regarding suppression of evidence: if the government has several different types of evidence against you that can support a conviction, suppressing one piece of evidence may not be as beneficial to your case. However, if the evidence suppressed is illegal drugs seized from a car or house, then the case will likely be dismissed.
Contact Tulsa Crime Lawyer Rob Henson
If you believe you are the victim of an illegal search and seizure, call Tulsa crime lawyer Rob Henson for a FREE consultation regarding your case. We provide honest advice and aggressive representation. A Tulsa defense attorney will explain your legal rights and discuss all possible defenses to your Oklahoma criminal charges. We will also review the facts of your case to determine if law enforcement made any mistakes that may be beneficial to you.
Victim of an illegal search & seizure? Contact Tulsa crime lawyer Rob Henson today!