Commonly Violated Criminal Procedure Rights
There are a large number of criminal procedure rights inherent in the Pennsylvania and federal constitutions. These rights mostly spring from the Fourth, Fifth and Sixth Amendments of the US Constitution, which guarantee certain fundamental rights such as the right to counsel and protections from unlawful search and seizure. At the outset of your case, your Pittsburgh criminal defense lawyer will review the details of your arrest to determine whether the police had valid probable cause to detain you and/or arrest you – which is usually found in an affidavit supporting the arrest warrant.
When police believe a certain suspect has been committing crimes, they are required to obtain a warrant prior to arresting the individual (subject to certain exceptions). A warrant is executed by a magistrate or judge after a careful review of the facts giving rise to the probable cause. These facts are set forth in an affidavit and must be clear and specific enough to satisfy the judge that the probable cause threshold has been met. If there are any defects in the warrant, the arrest can be invalidated by a knowledgeable criminal defense lawyer and the suspect may be released.
Search and Seizure Requirements
Similar to the requirements of an arrest warrant, search and seizure warrants must also be supported by probable cause. The warrant must state the precise location and area to be searched and cannot be overly broad. Evidence uncovered pursuant to a faulty warrant or outside the scope of a valid warrant may be suppressed upon a successful motion by a Pittsburgh criminal defense lawyer.
Contact a Knowledgeable Pittsburgh Criminal Defense Lawyer Today
If you are facing criminal charges, do not delay. James Crosby is an experienced PA criminal defense lawyer who is available to meet with you and discuss your case. For more information, call 412-391-0123 today. FREE CONSULTATION!