Illegal Search and Seizures

Attacking Criminal Charges From the Bottom Up

Police and prosecutors have steps that they need to follow when arresting and issuing criminal charges against a person. The accused has rights and those rights are outlined in the constitution. If those rights are violated, the criminal charges will be flawed. Those flaws can lead to reduced charges or even outright dismissal. It is the criminal defense attorney's job to look for those flaws, to make certain that the accused's constitutional rights were not violated.

My name is J. David Markham, a lawyer working out of my office in Lakeport. I provide criminal defense representation to people in that community, as well as Clearlake and the surrounding parts of Lake and Mendocino counties. One of the first steps I take in criminal defense cases is to determine if an illegal search and seizure took place.

What is Illegal Search and Seizure?

An unconstitutional search and seizure is one that is conducted without reason. Often, illegal search and seizure takes place during a traffic stop. A police officer may make a stop for speeding or another minor violation. In some cases, the officer may not even have reason to make a stop. Without any evidence indicating any further criminal activity, the officer may search the car. Anything found and seized during this type of illegal search should be thrown out. It should not be used as evidence against you.

No Assumptions Can Be Made

A criminal defense lawyer who assumes that the police and prosecutors have done their jobs correctly is a criminal defense lawyer who misses opportunities to get positive results for clients. I make no assumptions. I carefully review every piece of information associated with your case, bringing in investigators to assist when necessary. If there is a flaw in the case against you, if an illegal search and seizure happened, I will find out.

Contact Me for a Free Consultation

Tell me about your case. Find out about illegal search and seizure defense strategies.