DRUG LAWS & YOUR RIGHTS
Generally, you never have to talk to a police officer and, if accused of a crime, you should never talk to a police officer without having an attorney present. Most people simply get themselves in worse trouble than they are already in by attempting to "talk their way out of it." When accused of a crime, keep your mouth shut and do not talk to investigators without having an attorney present.
Never waive your Miranda rights to be questioned by law enforcement for a crime you may be involved in without having your attorney present. This applies in any criminal investigation where you could be arrested.
The Fourth Amendment of the United States Constitution protects you against illegal searches and seizures by law enforcement officers. Law enforcement officers normally need to have reasonable suspicion that you have committed a crime in order to detain you or search you.
Law enforcement officers usually need a search warrant in order to enter or search your residence or hotel/motel room. In both California and Nevada, you are more vulnerable in an automobile to search and seizure. However, in many cases, even automobile searches require a search warrant.
Never consent to a search of your home, your hotel/motel room, or your automobile if there is any possibility that the search could result in incriminating evidence.
An important fact to consider in Nevada is that casino security guards are not usually police agents. The Fourth Amendment of the Constitution only protects you against governmental action. Therefore, a security guard in a casino can illegally search you, and any evidence they find may still be used against you at trial in your case.
The remedy for an illegal search is a motion to suppress the use of the illegally obtained evidence in your case. The law office of William Cole has filed and won motions to suppress evidence in courts in South Lake Tahoe, California, Tahoe City, California, Truckee, California, as well as courts in Reno, Nevada, Carson City, Nevada, Incline Village, Nevada, Stateline, Nevada, and Minden, Nevada.
The law offices of William Cole welcomes inquiries and understands your concerns and questions concerning your case. The initial consultation is free and with no obligation. Attorney William Cole and his staff are happy to provide you with straight talk concerning your case.