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Legality Of Stop And Search Of A Vehicle (Part 1)

If it can be determined that law enforcement conducted an illegal search of a motor vehicle, that does not necessarily mean that the evidence which results must be suppressed. There are certain circumstances which trigger an exception to the “exclusionary rule.”

Standing
If a defendant cannot establish “standing” to object to the search, it is irrelevant if the search was lawful. To determine standing, courts look to whether the individual had a “reasonable expectation of privacy.” For example, a defendant does not have standing to object to the search of a stolen care he or she is driving. The reasoning being, defendant does not have a reasonable expectation of privacy in the vehicle searched because the vehicle is the stolen property of another.

If you or someone you love has been accused of a crime in California or if you want further clarification on “standing” to challenge an illegal search or seizure, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

Read more on this topic in our blog tomorrow.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.