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Motions to Suppress

St. Petersburg Criminal Defense Lawyers Defending Your Constitutional Rights

In today’s popular media landscape, one of the most enduringly popular forms of entertainment is reality television. Topics ranging from Alaskan crab fishing, wilderness survival, running a million dollar business, and of course dating have all been serialized into popular reality television shows. However, no subject is perhaps more popular for reality TV than criminal justice. Reality shows about criminal justice span all sorts of topics, from the jail experience on “60 Days In,” to the original reality TV show, “COPS.” One prevailing theme of those shows is that people on the show will always say “I know my rights.” When lawyers watch shows like this, their inevitable response is: No you don’t.

Unfortunately, people’s base of knowledge regarding what their rights are based on what they see and hear on movies and on TV. Instead, that base of knowledge should be based on what a skilled and experienced St. Petersburg criminal defense attorney tells you. Constitutional rights can be complicated and nuanced, and instead of telling a police officer that you know your rights and potentially getting into even more trouble, you should remain silent and contact your lawyer immediately any time you are investigated for or charged with a crime.

One of the most important sets of constitutional rights are those created under the Fourth Amendment to the United States Constitution. The Fourth Amendment States in its entirety: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Several rights can be derived from the Fourth amendment. First and most importantly, it establishes the right to be free from unreasonable searches and seizures. Under the Fourth Amendment, police officers and other government actors are required to have a warrant in order to search you, your property or your home. Over time, the rights established under the Fourth Amendment have been eroded by our courts. Many searches occur in the absence of a warrant because the criminal justice system has established a huge amount of exceptions to the warrant requirement.

If you or your property has been searched by the police or other investigator, you should immediately contact a skilled St. Petersburg criminal defense lawyer who can determine whether or not you have any claims under the Fourth Amendment. Fourth Amendment claims most typically take the shape of a motion to suppress evidence. When evidence is collected via an illegal search or seizure, a properly filed motion to suppress could result in damning evidence being thrown out by the presiding judge.

If a search is conducted without a warrant, prosecutors must establish that there was a valid exception to the warrant requirement. If there is no exception and no probable cause, a skilled St. Petersburg criminal defense lawyer may be able to get the evidence thrown out of court and even get your case dismissed.

Exceptions to the warrant requirement are numerous and you should always be on the lookout for officers intending to circumvent your constitutional rights. Valid consent is an exception to the requirement. An officer can search you, your vehicle or your home with no probable cause or even suspicion that you have committed a crime if you give them consent to do so. Many people think that allowing officers to search shows that they have nothing to hide. This is a fallacy. You should never give police consent to search your property and always request that they obtain a warrant. And you should always contact a lawyer.

Speak to Our Lawyers Today

The attorneys at Hanlon Law have handled numerous constitutional motions protecting the rights of our clients. Call us today for a consultation at 727.289.0222.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help. I had every confidence that Mr. Hanlon had the knowledge, expertise, and experience to handle this problem. Approximately 4 weeks from an initial conference with Mr. Hanlon, we received a call with the news that a letter of release was being issued and the case was being dropped. Now my family member can finally exhale, take a deep breath, and go on with his life. Thank you, William! Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse