Michigan Federal Defense Lawyer – Fighting Violations of the Fourth Amendment
When law enforcement officers or agents violate a person’s rights, everyone is in jeopardy if their conduct is not checked by a court. It takes a top defense lawyer to get a judge to take action.
Decades of Experience Protecting and Defending Clients in Federal Court
The 4th Amendment to the United States Constitution forbids illegal searches and seizures. When the FBI, DEA, or any other law enforcement agency cuts corners or improperly obtains a warrant, a judge has the power to suppress evidence or dismiss charges. Federal defense lawyers practicing in the United States District Court for the Eastern District of Michigan know that the US attorney’s office vigorously pursues convictions and harsh sentences. No effort can be spared when fighting to protect and defend clients facing serious charges.
A search is valid if authorized by a search warrant or a legally cognizable warrant exception under the law. A law enforcement officer must present sufficient facts to convince a judge or magistrate that there is sufficient evidence to justify issuing a warrant. Unfortunately, law enforcement officers make mistakes, and sometimes they intentionally or recklessly make false or exaggerated statements when attempting to get a search warrant. It would be highly improper if an officer fails to include pertinent information in a warrant request or discredits known evidence. It can be the basis for a prevailing Motion to Suppress Evidence.
False, Misleading, or Exaggerated Facts in a Search Warrant Affidavit
When false, misleading, or exaggerated facts are included in an affidavit that is presented to justify a search warrant, there is a violation of the 4th Amendment. Law enforcement is obliged to include facts in an affidavit in support of a search warrant. The facts or averments must be accurate to the best of the officer or agent’s 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 Michigan.
Franks Hearing and Seeking to Suppress Illegally Seized Evidence
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 Franks Hearing, the defendant must establish by a preponderance of the evidence that law enforcement committed perjury or exhibited a reckless disregard for the truth in the affidavit used to procure a search warrant. If the defendant can meet this burden, they must then show the affidavit’s remaining content is insufficient to establish probable cause. If the defendant successfully meets 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 need experienced, effective, and affordable representation in a federal or Michigan court, you need to look no further than LEWIS & DICKSTEIN, P.L.L.C. Our unique team approach to criminal defense gives us an advantage over solo-practitioners and gives us a fighting chance against the United States Attorney’s Office or a state prosecutor. No other lawyers will fight harder or more effectively to protect and defend you. Call us for a free consultation, and we will take the time to patiently talk with you, answer all of your questions, and help you figure out your best options. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.