Constitutional Violations in White-Collar Criminal Defenses
What are some of the key constitutional protections (and potential violations) that you should know about if you are being investigated for a white collar offense or you have been arrested and charged? Consider the following information from our Tampa white collar defense lawyer.
Right Against Unlawful Search and Seizure
Under the Fourth Amendment, you have a right against unreasonable search and seizure, which includes a right against certain warrantless searches. Your rights are slightly different depending on whether a stop and search occurs while you are driving a vehicle, or whether the search does not involve a vehicle.
For a vehicle stop and search to be lawful, the police must have reasonable suspicion to make a stop and probable cause to search your vehicle. You do not need to — and should never — consent to a request to search your vehicle. As soon as you consent, any documents or materials found can be lawfully used against you.
For a warrantless search of your person or property, an exception must apply in order for the search to be lawful. Generally, exceptions include:
- You gave consent;
- Exigent circumstances existed;
- Search occurred incident to arrest; or
- Unlawful items were in plain view (not a common exception in white collar cases).
If your Fourth Amendment rights are violated, any evidence seized cannot be used against you. In addition, any evidence that later resulted from a violation is considered “fruit of the poisonous tree” and cannot be used against you, either.
Right to Remain Silent and to Have an Attorney
As soon as you are arrested or placed in a situation known as a “custodial interrogation” (usually, this means any situation in which you are not free to leave), you must be read your Miranda rights or warning. Under Miranda v. Arizona (1966), you have:
- Right to remain silent;
- Right to an attorney;
- Right to know that anything you say can be used against you.
It is essential to exercise your right to remain silent and to an attorney in any arrest or custodial interrogation.
Contact Our Tampa Criminal Defense Lawyers Today to Find Out More About Building a Strong Defense Strategy Based on the Specific Facts of Your White-Collar Crime Case
When a person is facing charges for a white collar criminal offense under state or federal law, there are often a wide range of defense strategies that may be applicable and relevant to the case. As we have discussed above, constitutional violations can be part of a defense strategy, and in some cases, they can result in the charges being dropped entirely — depending on the type and nature of the constitutional violation and how significant the evidence being used by the prosecution in the case. Contact one of the experienced Tampa white collar crimes defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. today to find out more about how we can assist you or a family member in building a strong defense to any white collar criminal charges you are facing under state or federal law.
Sources:
constitution.congress.gov/constitution/amendment-4/
constitution.congress.gov/constitution/amendment-5/
supreme.justia.com/cases/federal/us/384/436/
