Michigan Federal Defense Lawyer
Michigan Federal Defense Lawyer – Fighting Violations of the Fourth Amendment
The 4th Amendment to the United States Constitution forbids illegal searches and seizures. A search is valid if authorized by a search warrant. In order to get a search warrant, law enforcement must present sufficient facts to a court and the court must agree that the facts are sufficient to legally justify the warrant. Unfortunately, law enforcement officers make mistakes and sometimes they intentionally make false statements when attempting to get a search warrant.
When false, misleading or exaggerated facts are used to justify a search warrant, there is a violation of the 4th Amendment. Law enforcement has an obligation to include facts in an affidavit in support of a search warrant that are true to the best of their information, knowledge and belief. When federal agents or police officers twist the truth to justify a search, the constitutional defense team with LEWIS & DICKSTEIN, P.L.L.C. will do what is necessary to fight for a client’s rights and seek the suppression of illegally seized evidence. Federal constitutional law applies not only to federal cases but also to felony and misdemeanor cases prosecuted by the State of Michigan and local prosecutors.
In federal court, the evidentiary hearing to determine if there was a constitutional violation related to the issuance of a Search Warrant is called a Franks Hearing. In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court held: [W]here the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and if the allegedly false statement is necessary to the finding of probable cause, the Fourth Amendment requires that a hearing be held at the defendant’s request.
At a Frank’s Hearing, the burden is on the defendant, through his Michigan Federal Defense Lawyer, to establish by a preponderance of the evidence that there was perjury or reckless disregard in the affidavit used to get the search warrant. If the defendant can meet this burden, he or she then must show the affidavit’s remaining content is insufficient to establish probable cause. If the defendant is successful in meeting both burdens, the search warrant must be voided and the evidence seized as a result of the search excluded. In other words, “Motion to Dismiss is Granted!”
Experienced, Effective and Affordable Michigan Federal Defense Lawyer
If you are in need of experienced, effective and affordable representation in federal court, you need to look no further than LEWIS & DICKSTEIN, P.L.L.C. Our unique team approach to federal defense gives us an advantage over other criminal defense solo-practitioners and gives us a fighting chance against the United States Attorney’s Office. No other lawyers will fight harder or more effectively to protect and defend you. Call us at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you!