Three Common Violations of Constitutional Rights
Under the U.S. Constitution, everyone has certain rights when they are accused of a crime, regardless of their citizenship or immigration status. These rights are not mere formalities. They are critical to ensure fairness, prevent abuse, and to hold the criminal justice system accountable. Still, all too often during arrests, investigations, and prosecutions, these rights are violated.
If you believe your rights have been violated, it is important to speak to a San Diego criminal defense attorney. A lawyer can ensure your rights are protected and give you the best opportunity for a successful outcome. Below, our experienced attorney outlines three of the most common violations that occur.
Unlawful Search and Seizures
Under the Fourth Amendment, people are protected from illegal search and seizures by law enforcement. In the majority of cases, law enforcement officials must obtain a warrant from a judge before searching your phone, home, or other property. There are certain exceptions, such as when the property is a vehicle involved in a traffic stop, consent to the search, and items that are in plain view. Some of the most common ways this right is violated include:
- Searching a vehicle without probable cause
- Searching a residence without a valid warrant
- Seizing property not related to the alleged crime
- Detaining you without probable cause
When evidence is obtained through an illegal search and seizure, it can be thrown out and greatly weaken the prosecution’s case.
Miranda Violations
Under the Fifth Amendment, people have the right not to incriminate themselves. Under the Sixth Amendment, individuals accused of a crime also have the right to an attorney. These two rights are combined into the Miranda warning, which must be read to individuals before interrogation begins after they have been taken into custody.
If the police do not inform you of your Miranda rights before questioning you, or if they ignore your requests for legal counsel, anything you say may be inadmissible in court. It is important to note that law enforcement officers are only required to inform you of your Miranda rights if you have been taken into custody. That is, if you are not free to leave.
Due Process Violations
Due process is a general concept that stems from the Fifth and Fourteenth Amendments. The right to due process ensures that individuals accused of crimes are given fair treatment and that they have the opportunity to defend themselves. Due process violations may include the following:
- Brady violations, which occur when officers withhold evidence that could be helpful to your case
- Denying your right to a speedy trial by causing unjustifiable delays
- Relying on faulty evidence or false testimony when investigating your case
Our Criminal Defense Lawyer in San Diego Can Help with Your Case
Not all mistakes made by law enforcement constitute a violation of your rights. Still, if you believe your rights have not been withheld, you need help from a San Diego criminal defense lawyer. At Anthony Z. Vargas, Esq., our experienced attorney can challenge unconstitutional practices and ensure your rights are upheld so you are treated fairly. Call us now at 858-859-1224 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
law.cornell.edu/wex/miranda_warning
