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Search & Seizure

Search & Seizure

Search & Seizure Rights in Bakersfield

Skilled Bakersfield Criminal Defense Attorney

It is common during criminal arrests to have your body, vehicle, or home searched by a police officer. In many criminal investigations, the police will conduct searches and seizures without a warrant. Searches conducted without a warrant a per se unreasonable under the 4th Amendment and it is up to the prosecution to justify a warrantless search. Mr. Humphrey and Mr. Thompson are experienced in litigating 4th Amendment search and seizure issues that have resulted in evidence and arrests being declared unlawful. When a court makes such an order, the prosecution’s case is dead in the water and the result is a dismissal.

Police officers are not supposed to rely on a “hunch” and the United States Supreme Court has stated this time and again. In real life, though, the cops are always relying on a “hunch” or their gut instincts. If a police officer is confronted with a situation in which he or she must choose between following a “hunch”, or, not violating an individual’s constitutional rights, the cop is going to choose his or her gut instincts 9 times out of 10. Their "hunch" maybe their probable cause and the reason you are under arrest. You need a Bakersfield defense attorney who is trained to uphold your constitutional right to be free from unreasonable searches and seizures.

If you are facing criminal charges, schedule an evaluation with a criminal lawyer in Bakersfield.

Know Your Fourth Amendment Rights

The Fourth Amendment of the United States Constitution guarantees each individual:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

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  • Charges Reduced/Dismissed

    Misdemeanor Sex Crime with Mandatory Sex Registration

    Settled for no registration and time served after 5 days of trial ending in a mistrial.
  • Charges Reduced/Dismissed

    Felony Sex Crime

    Client was charged with a felony sex crime . His charges were reduced to a misdeanor. He received no sex offender registration and community service instead of jail.
  • Case Dismissal

    Sexual Abuse

    Allegation of Continuous Sexual Abuse Dismissed Before Trial.
  • Case Dismissal

    Felony Sex Case

    Felony Sex Case based on Undercover Decoy Sting Dismissed Entirely.
  • Case Dismissal

    Rape

    Rape Case Dismissed Based on Defense Investigation and Medical Evaluation Before Trial.
  • Case Dismissal

    Sexual Battery

    Local business owner charged with sexual battery, dismissed.
  • Jury Trial Acquittals

    Molestation and Sexual Abuse of Minors

    Mr. Thompson Secures Complete Dismissal of all Charges at Jury Trial for Accusations of Molestation and Sexual Abuse of Minors

  • Avoid Sex Offender Registration

    Sex Offense

    Juvenile Client Has Felony Sex Offense Case Dismissed and Is Not Required to Register
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    My son was wrongfully accused and charged with assault. I hired Mr. Humphrey to represent him because I heard he was the best and as my son is 19 years old, I did not want this bogus charge going on his record. Mr. Humphrey did an excellent job of representing my son from day one. I am happy to say that the charges were dropped and the case was dismissed. I HIGHLY recommend Kyle J. Humphrey.

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    I’d like to express my sincere gratitude to Kyle Humphrey at Humphrey & Thompson for his help with an unexpected case. He was highly thorough and made sure I understood every part of the process, which was especially important as this was my first and only legal matter. Many thanks to you and your team!

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Choose a Proven Firm in 4th Amendment Protection

The law in this area is in a state of constant change. Mr. Humphrey and Mr. Thompson take great pride in staying current on the state of the law and applying the best strategies and arguments in attacking the government’s conduct. A successful motion to suppress will prevent the government from using any of the evidence they obtained against you. In most cases, a successful motion to suppress signals an end game for the government because the court has ruled its evidence out and it has no choice but to dismiss the case. Our criminal defense attorneys will provide fierce and confident representation in court so you don't have to.

If you feel that your rights have been violated, schedule a case evaluation with Humphrey & Thompson.

Have Questions?

  • Can the police search my car without a warrant in California?
    In California, law enforcement can search your vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. However, they cannot search your car without justification. If you think your vehicle was improperly searched, an attorney can help determine if your rights were violated.
  • What should I do if I believe I was illegally searched?
    If you suspect an illegal search, try to remain calm, document everything about the encounter, and contact an attorney immediately. An attorney can assess the situation and, if your rights were violated, seek to have any unlawfully obtained evidence excluded from your case.
  • What is the difference between a search warrant and probable cause?
    A search warrant is a document signed by a judge that allows police to search a specific location. Probable cause is a reasonable belief that a crime has been committed. While warrants are required in many searches, probable cause allows some exceptions, especially in cases of urgency or when evidence is in plain sight.
  • How can a search and seizure attorney help with my case?
    An attorney specializing in search and seizure rights can review the details of your case to determine if any evidence was obtained illegally. They can file motions to suppress unlawfully gathered evidence, which may weaken the prosecution's case against you and improve your defense.

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