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

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.

Posted In: Criminal Defense