November 1, 2009 By Wallin & Klarich

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.”

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 for a consultation of your case. We can help you.

Read more on this topic in our blog tomorrow.

Contact Us
  •   17592 Irvine Blvd,
      Tustin, CA 92780
  •   (714) 730-5300
  •   (888) 280-6839
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 Wallin & Klarich - All rights reserved

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.