How a Fourth Amendment Violation Could Be Part of Your Defense to Felony Charges

When you are facing any type of felony criminal charge in Colorado, it is critical to develop the strongest possible defense you can. Depending on the specific type of felony offense for which you have been charged, you could be looking at a sentence that involves imprisonment for anywhere from one year to up to life in prison. Indeed, to be very clear, even the least serious felony cases still involve a minimum sentence of at least one year, while more serious felony offenses have minimum periods of imprisonment ranging from multiple years to decades.

Regardless of whether you are facing felony charges related to drugs, weapons, assault, or more serious charges such as rape or murder, one potential defense strategy involves raising the issue of a constitutional violation. In felony cases where an illegal search or seizure of your property occurred, you may be able to argue successfully that your Fourth Amendment rights were violated. Depending on how much of the evidence against you was obtained through an unlawful search, it may be possible to have the charges against you dropped. Our felony defense lawyer in Denver can explain in more detail.

What Protections Does the Fourth Amendment Provide?

The Fourth Amendment of the US Constitution protects a person against unreasonable searches and seizures of property.

Generally speaking, the Fourth Amendment requires that law enforcement officials have a valid warrant, showing probable cause and signed by a judge, in order for a search and seizure to occur. There are some key exceptions to know about, but when a person’s Fourth Amendment rights are violated, any information or material resulting from the unlawful search or seizure cannot be used as evidence against that person.

When is a Search or Seizure Unlawful Under the Fourth Amendment?

How can you know if a search or seizure violated your Fourth Amendment rights? A felony defense lawyer can assess the facts surrounding your arrest and the evidence used to charge you, but in the meantime, here are some key things to know:

• Law enforcement officers must have a valid warrant in order to conduct a search and seizure under the Fourth Amendment unless an exception applies.

What are the exceptions to the warrant requirement? These are the major exceptions to know about:

• You were stopped in a traffic stop and the police had reasonable suspicion to conduct the stop and probable cause to conduct the search;
• You consented to the search;
• Search occurred incident to your arrest;
• Contraband was in plain view; or
• Exigent circumstances existed.

Contact a Denver Felony Defense Attorneys Today for Assistance Developing a Strong Defense Against the Charges You Are Facing in Colorado

Are you currently facing felony charges for any type of criminal offense in Colorado? If a constitutional violation occurred in your case, you may ultimately be able to raise that violation as a defense and to have all of the evidence resulting from that violation excluded. As we explained above, when most or all of the prosecution’s evidence against you was obtained through an illegal search and Fourth Amendment violation, the prosecution may have to drop all charges. One of the experienced Denver felony criminal defense lawyers at DeChant Law can discuss the details of your case with you today, including relevant defense strategies that could include a constitutional violation. Contact us for assistance with your case.

Source:

cdhs.colorado.gov/sites/cdhs/files/2021-05/felony_sentencing_guidelines.pdf