Rules Regarding the Seizure of Property

If evidence taken from you is being used against you in your criminal case, your Fresno criminal defense attorney may attempt to have this evidence seized. Before he or she can make such a motion, your criminal defense lawyer in Fresno may explain rules regarding the seizure of property and may ask you a variety of questions to better understand this issue.

Fresno criminal defense attorney justice sign

Definition of Seizure

For example, your Fresno criminal defense attorney might explain that a seizure is a meaningful interference with the possession of your property.

Enhancing Devices

A more recent development in the law that your Fresno criminal defense attorney may describe is the use of devices that enhance the senses. Whether using a device of this nature is legal depends on numerous factors.

For example, courts may consider whether the device is used to detect activity occurring inside a residence. They may also consider whether the device can get information about such goings-on that would otherwise require physical intrusion. Other considerations might include whether the technology is available to the public, and the type of information that it gathered.

Due to the extensive technology available today, legislatures have realized the information-gathering abilities of certain technological devices, and have begun to impose legal restrictions on using them. In some jurisdictions, using GPS on an automobile constitutes a search that requires a warrant. Warrants to search computers must often be very narrow to avoid invading private matters.

Nicco Capozzi can explain other aspects of seizures. Contact him at (559) 374-2012.