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Criminal Law

: Southern California Criminal Defense Blog

Have Your Fourth Amendment Rights Been Violated?

By Walin & Klarich

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Will You Know When Your Fourth Amendment Rights Have Been Violated by the Police? ? You Need to Have a Business Card for a Wallin & Klarich Criminal Defense Attorney on You at All Times! Limited intrusions into personal privacy must comport with state and federal constitutional prohibitions against unreasonable searches and seizures. People v. Bower (1979) 24 Cal.3d 638, 156 Cal.Rptr. 856. A detention may be deemed unlawful and a violation of Fourth Amendment rights where there is an absence of articulable facts supporting a reasonable suspicion that the individual in question has committed a criminal offense. In order to justify a detention by police ?the circumstances known or apparent to the officer must include specific and articulable facts causing him to suspect that (1) some activity related to crime has taken place, or is occurring or is about to occur, and (2) the person he intends to stop or detain is involved in that activity...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 25, 2009 (boomark / email).