Posted by: Russell Hebets       30-Aug-2010       (0) Comments        Back to Main Blog

The case involving the recent arrest of heiress Paris Hilton outside of a Las Vegas casino for alleged cocaine possession may hinge on whether police followed search and seizure laws. In the hope that the case will be dropped by the Las Vegas District Attorney’s office, Hilton’s attorney David Chesnoff is planning to introduce the argument that not only was Hilton illegally searched by police, but also that the purse that contained the alleged cocaine did not belong to Hilton.

The 4th Amendment to the U.S. Constitution provides protection from illegal search and seizure and is in place to ensure that law enforcement follows clear guidelines when interacting with alleged criminal activity. This essential civil right against illegal search is extended to everyone, not just multimillionaires. Many times, criminal cases can be attacked on the basis of improper police conduct or illegal police procedure, and search and seizure issues. If evidence was obtained illegally it may be suppressed, leading to the dismissal of the case.

An experienced criminal defense lawyer should always examine the evidence and determine if law enforcement violated Constitutional rights, such as those protected by the Fourth, Fifth, and Sixth Amendments.


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