The U.S. Constitution protects you from unlawful search and seizure of property. Unfortunately, sometimes illegal searches happen despite the constitutional protections that are in place. Sometimes police will also seize your property unlawfully, in violation of your constitutional rights.
When an illegal search and/or unlawful seizure occurs, you have rights. You can submit a motion to the court to have your property returned and the unlawfully obtained evidence suppressed. You’ll want to ensure that you follow the right process and make compelling legal arguments in order to convince the court that the search was unlawful and to maximize the chances that your motion will be granted. It is best to hire a Las Vegas criminal attorney to help you with this process.
LV Criminal Defense has helped many defendants to successfully convince the court to grant a motion to suppress evidence and to return seized property.
Let our legal team fight to ensure you get your possessions returned to you in a timely manner and to ensure that unlawfully collected evidence is not used by a prosecutor to secure a conviction against you for a criminal offense.
Many provisions of Nevada law relate to the legality of searches, the requirements for search warrants, and the process that must take place when an unlawful search was conducted. One of the rules applicable in situations where an illegal search occurred is found in N.R.S. 179.335.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
N.R.S. 179.335 is a sample form which shows what a motion for return of seized property and suppression of evidence could look like. Such a motion is submitted to the court to ask for your property back and to ask the court not to allow illegally obtained evidence to be submitted. The motion is essentially your request that the court rule on the return of property and admissibility of evidence obtained during the search.
According to N.R.S. 179.335, the motion you submit to the court to ask for return of property and suppression of evidence should contain your name and a request that the court direct the return of property which you own. The motion should specify that the property you want returned is listed in an attached schedule. It should indicate the date, time, and place from which the property was taken and should state that the property was unlawfully seized by a peace officer. You should state the name of the Nevada peace officer you believe unlawfully seized the property. Finally, the motion should request that the property which was unlawfully seized should be suppressed as evidence in any criminal proceeding.
The motion also needs to state that the property was seized against your will, either without a search warrant or pursuant to a search warrant that was defective or illegal. If you are claiming the search warrant was defective or illegal, your motion also needs to explain what the problem with the warrant is. If the court grants the motion and the evidence is suppressed, this means the prosecutor won’t be able to present it to the jury to try to establish your guilt beyond a reasonable doubt.
If you do not include the exact language outlined in the suggested form in N.R.S. 179.335, your motion can still be heard by the court and granted, since N.R.S. 179.315 indicates that you do not have to use the authorized forms found within the Form section of the criminal code. However, any motion you submit to the court asking for return of property and suppression of evidence should contain substantially the same information as found within the sample summons form.
LV Criminal Defense will help you to submit a motion to the court asking for evidence to be suppressed and requesting unlawfully obtained property be returned. We can help you to make a compelling argument for why the property was taken improperly and the search was conducted unlawfully.
Give our Las Vegas defense team a call today to find out how a skilled and experienced Nevada criminal attorney can help you.