The criminal defense attorneys at Wallin & Klarich discuss a recent Supreme Court case which involved a police officer searching an individual’s home who objected while not being present.

There are certain circumstances when a police officer can legally search you without possessing a search warrant. The attorneys at Wallin & Klarich explain when this is possible.

The Fourth Amendment protects you from unreasonable search and seizure, even if you are on probation. Call Wallin & Klarich if your Fourth Amendment rights have been violated.

Today’s so-called Smart Phones hold a great deal of information that has little relevance to phone calls. As such, some argue that police should be required to obtain a search warrant before inspecting the contents of a cell phone. They submit that obtaining evidence from cell phones without a warrant amounts to a violation of …

Continue reading “Right to Privacy and Cell Phone Evidence”

The Court of Appeals in Los Angeles has just ruled that a visitor to an inmate has no expectation of privacy in any item that they may place in a jail or prison locker. On September 29. 2011 the court ruled in People vs. Boulter that if you decide to place any item in a …

Continue reading “New Law Allows Prison Officials to Search Property Left in a Locker Without a Warrant”

(1) Where a citizen feels “free to leave” and terminate the encounter at will. Here, there has been no “detention” under the law. This falls outside the scope of Fourth Amendment protections prohibiting unreasonable searches and seizures of a person, their home, papers, and effects; (2) Brief “seizures”, which triggers Fourth Amendment protections and also …

Continue reading “Street encounters with police occur with varying degrees of coercion. An encounter with police is best understood by breaking it down into three categories:”