Courts Place Further Restriuctions on Your Abiity to Challenge an Unlawful Search

Posted by Raymond Kimble | Aug 22, 2018 | 0 Comments

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

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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