Facing criminal charges in Seattle is stressful, no matter the circumstances. But if you believe your rights were violated during the investigation—especially through an illegal search and seizure—the frustration can feel overwhelming. You may ask yourself, “What can I do?” or “How do I fight this?” Understanding your rights is essential, but hiring a Seattle criminal defense attorney who knows the ins and outs of your local laws can be the difference between conviction and freedom.

Whether you’re an executive with a well-known company or someone else caught up in a difficult situation, hiring a local attorney who knows your area’s courts and procedures is invaluable. 

What is Considered an Illegal Search and Seizure?

Illegal search and seizure occur when law enforcement violates your Fourth Amendment rights by conducting a search without a valid warrant or probable cause. The Constitution is clear: everyone has a right to be secure in their home, vehicle, and personal property. If a search violates these rights, the evidence gathered could be excluded from your case.

But here’s the tricky part: not every search that seems wrong is technically illegal. And even if it was unlawful, proving it in court requires more than just saying so. That’s where an experienced Seattle criminal defense attorney can step in.

How Can an Attorney Help Challenge a Search?

If you believe you’ve been the victim of an illegal search, your attorney’s first move will often be to file a motion to suppress evidence. This motion asks the court to exclude any evidence obtained during the illegal search. If successful, it can significantly weaken the prosecution's case against you.

1. Warrant Validity: Was the search conducted with a proper warrant? The search may be deemed illegal if the warrant lacked probable cause or was issued without proper judicial oversight.

2. Exigent Circumstances: Were there exceptions, like immediate danger or risk of evidence being destroyed? Sometimes, law enforcement can bypass a warrant, but the situation must justify it. If not, your rights were likely violated.

3. Scope of the Search: Even if law enforcement had a warrant, they must follow it to the letter. If they searched areas or seized items not included in the warrant, this could render the search illegal.

What if the Police Conducted a Warrantless Search?

Warrantless searches are common, but that doesn’t mean they’re always lawful. There are specific situations where police can legally search without a warrant, such as during an arrest or when an officer has probable cause to believe evidence will be destroyed if they don’t act immediately.

However, warrantless searches often lead to violations. Did the officer truly have probable cause? Was there really a risk of evidence destruction? These questions are critical in determining whether the search was legal. A skilled lawyer will scrutinize every detail to challenge the police’s justification.

Can You Contest Seized Evidence?

Even if the police conducted an illegal search, the prosecution might still try to use the evidence against you. This is where the exclusionary rule comes into play. If your lawyer can prove that the search was illegal, any evidence obtained can’t be used in court. This can drastically weaken the case against you or even lead to a dismissal of charges.

Let’s say you were pulled over, and the police searched your car without a warrant, claiming they “smelled drugs.” If no drugs were in plain sight and the officer’s claim of probable cause is flimsy, your lawyer can file a motion to suppress. If successful, any evidence found in that search, like illegal substances or weapons, would be excluded.

Contact Our Seattle Criminal Defense Lawyers

Across the Puget Sound, our attorneys have you covered. At Lewis & Laws, we offer aggressive legal assistance to individuals from Seattle, Bellevue, Everett, and Washington State. Contact us today to explore your legal options. Protect your future and call us today!