The first question a court will ask when a defendant argues that police conducted an illegal search is whether the defendant has a privacy interest in the place searched by law enforcement. Generally, a person cannot claim a 4th Amendment violation (Unlawful Search by Police) unless they have a legitimate expectation of privacy in the area where police conducted a search and obtained evidence.
People are determined to have a legitimate expectation of privacy if they demonstrate a subjective expectation of privacy in the place searched and society accepts the expectation of privacy as reasonable. Examples of places in which a person has a legitimate expectation of privacy include their house, office, car, storage facility, etc. Consequently, police will not be able to search these locations without a warrant or your consent.
Recently, the 9th Circuit District Court held that people who are wrongfully present at a specific location do not have an expectation of privacy to challenge a search of that area by police. Specifically, if you have occupied a stolen car, trespassed upon someone else's property or are present somewhere in violation of a court order, you have no right to challenge the search of the place you are wrongfully located in. Therefore, you will not be granted relief in trying to suppress evidence based on an alleged 4th Amendment violation.
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If you have been charged with a felony, misdemeanor or DUI offense in Tempe, Phoenix, or any other city within Maricopa or Pinal County, it is vital that you contact a highly skilled criminal lawyer immediately. Tempe DUI and Criminal Defense lawyer Raymond Kimble will recognize available defenses and has been defending people charged with these crimes for many years. Mr. Kimble knows how to prepare a solid defense, challenge the prosecution's evidence and negotiate a reduction or dismissal of the charges
With a seasoned Tempe criminal defense attorney on your case, you will have your rights protected as your attorney fights to secure a favorable outcome on your behalf. Attorney Raymond Kimble has successfully represented hundreds of individuals throughout Arizona over the last twenty years who have been arrested for and charged with criminal and DUI offenses