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Legality Of Stop And Search Of A Vehicle (Part 2)

For the “exclusionary rule” to apply, the search and seizure must have been conducted by a peace officer or other “state agent.” Evidence discovered by a non peace officer or private citizen does not fall within the protections of the exclusionary rule, and need not necessarily be suppressed.

A fact intensive analysis of the surrounding circumstances is important when determining whether the “private citizen” was acting at the order or discretion of a peace officer. In certain circumstances, a private citizen may be seen as an agent of the police, satisfying the “state action” requirement.

If you or someone you love has been accused of a crime in California, 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.