– 4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
– Article 1 § 11: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”
– Whenever there is a search or seizure, the first question to ask is whether or not there was a warrant:
– If there is a warrant → The defense carries the burden to show that the search and seizure violated the 4th Amendment or Article 1 § 11.
– If there is no warrant → The state carries the burden to show that the search and seizure was justified by a warrant exception (after the defense objects).
– How to object to a Warrantless Search/Seizure
(1) Judge, may I ask the officer preliminary questions for the purpose of an objection?
(2) Officer, you did not have a warrant in this case, is that correct?
(3) Judge, at this point I am going to object/move to suppress any observations that the officer made after this point. Defendant had been seized and there was no warrant. The state has not met its burden of showing that an exception to the warrant requirement exists, so any further testimony would violate the 4th amendment and article 1 § 11.
DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Mr cardella, was by far the best attorney, I’ve ever had, or dealt with my entire life.the communication is 2nd to none. I’ve had many attorneys thru my life for various needs and this was by far the easiest process I’ve had. These days most attorneys you have to call several times and when u reach or see them they seem to not pay attention to you or what you want, Jeff is not like the rest. Definitely hire Jeff cardella!!!
I found Jeff to be an excellent attorney. He is very reasonable and level headed, empathetic but not a pushover. He always answered our questions directly. Hiring him was a great decision. Highly recommend and would use his services again.
Jeff demonstrated a great moral and positive character while working on my nephew’s case. He communicated promptly with my family as the case progressed and was easily accessible. We appreciated his honesty regarding the different scenarios and possible outcomes of the case. We were honor to have him as our attorney. Please do not hesitate to retain him, he will work diligently on your family behalf. We respected the fact he does a lot of the leg work himself.
I was thoroughly impressed with the service at Jeff Cardella Law Offices. One of the things that distinguished Mr. Cardella from some of the other law practices that I called was the level of care and customer service that was attached to our conversation. I called expecting to speak to a receptionist and was connected directly to him. Mr. Cardella took a true consultative approach to make sure that my needs was addressed specifically to my situation. I highly recommend giving the Cardella office a call.
My experience with Mr. Jeff Cardella was a positive experience since our first consult. He was reassuring and very reliable. I would recommend his services to everyone!
Great experience, helped me beat an undeserved ticket and allowed me to focus my time on my studies instead of dealing with it all myself. Would recommend to anyone.