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Madison Law Firms Explain Search Rights

Can They Really Use That Search Evidence Against You? Madison Law Firms Explain Your Rights

Madison law firms that practice criminal defense encounter many situations where evidence seized in a police search may look bad, but it is not necessarily admissible in court. It’s hard to keep your head when the police search you, your car, or your home, and they discover something that looks incriminating. The law requires law enforcement to have Probable Cause or a warrant to search you and your property. If you are unsure of whether they had Probable Cause, you are going to need an attorney to defend your rights.

If you are arrested, you will be read your Miranda Rights: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Request an attorney, invoke your Fifth Amendment rights against self-incrimination, and remain silent until you can consult with your attorney. Before you are arrested and read your rights, if you make a voluntary confession, it may be admissible in court, so stay calm and quiet.

What Establishes Probable Cause?

  • Observation – Anything illegal that a law enforcement officer (LEO) can perceive with their sight, hearing, or sense of smell could establish Probable Cause.
  • Expertise – An LEO can rely on their training and experience to establish a reasonable suspicion or probable cause to believe that a crime is occurring or about to occur.
  • Direct Information – Statements from witnesses or a victim can provide Probable Cause for a search.

Experienced Defense

If you have been searched or arrested without Probable Cause, the Madison law firm of Eisenberg Law Offices is here to help. We have more than 30 years’ experience defending criminal law cases in Wisconsin, and we know how and when to challenge a search or an arrest. Call us at 608-256-8356 as soon as possible, and we will discuss the particulars of your circumstances to learn how we can best help.