How are search and seizure issues addressed in criminal defense law?

In California, search and seizure issues are addressed through the Fourth Amendment to the United States Constitution, as well as by state law. Generally speaking, the Fourth Amendment prohibits law enforcement from unreasonable searches and seizures - that is, searches and seizures that are conducted without a valid warrant or without probable cause. The purpose of this rule is to protect citizens from unnecessary intrusions on their privacy. The specific guidelines for search and seizure vary from state to state. In California, for example, law enforcement officers must establish both a reasonable suspicion of criminal activity as well as a reasonable belief that the search or seizure is necessary in order to obtain evidence of criminal activity. When search and seizure issues arise in criminal defense law, attorneys must look at the specific circumstances to determine whether or not the grounds for the search and seizure were valid. In some cases, they may be able to get evidence suppressed or excluded if they can demonstrate that the police exceeded their authority in conducting the search or seizure. In other cases, they may be able to negotiate a plea deal or an acquittal if they are able to successfully challenge the search or seizure.

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