Blair Criminal Defense Lawyers | September 30, 2025 | Criminal Law
The U.S. Constitution guarantees certain rights to anyone accused of a crime. These protections are not just technicalities—they’re essential for ensuring fairness, preventing abuse, and keeping the criminal justice system in check. Yet, these rights are frequently violated during investigations, arrests, and prosecutions.
At Blair Defense, we’re committed to protecting those rights and holding law enforcement accountable when constitutional violations occur. Here are three of the most common violations—and what you can do if you believe your rights have been ignored in California.
Unlawful Searches and Seizures
The Fourth Amendment protects people from unreasonable searches and seizures. In most cases, law enforcement must obtain a warrant before searching your home, phone, or other private property. There are exceptions—such as if illegal items are in plain view or if you consent to the search—but any deviation from the law can result in evidence being thrown out.
Common violations include:
- Searching your car or home without a valid warrant or probable cause.
- Detaining you without reasonable suspicion.
- Seizing property unrelated to the suspected crime.
Unlawfully obtained evidence can be challenged through a suppression motion. If successful, this can significantly weaken the prosecution’s case, sometimes leading to a dismissal of charges.
Unlawful Interrogations / Miranda Violations
The Fifth Amendment protects your right to remain silent, while the Sixth Amendment guarantees your right to legal counsel. These protections come together in the form of the Miranda warning, which must be read to you before any custodial interrogation begins.
Common Miranda violations include:
- Failing to inform you of your right to remain silent and to have an attorney present.
- Continuing to question you after you invoke your rights.
- Using coercion, threats, or deception to extract a confession.
If the police question you without providing a proper Miranda warning, or if they ignore your request for a lawyer, anything you say may be inadmissible in court. This can be critical, especially in cases where the prosecution relies heavily on your own statements.
Violations of Due Process
Due process is a broad concept rooted in the Fifth and Fourteenth Amendments. It ensures that people accused of crimes are treated fairly and given an opportunity to defend themselves. It also means the government cannot deprive you of life, liberty, or property without following established legal procedures.
Examples of due process violations include:
- Withholding evidence that could help your case (known as a Brady violation)
- Delaying your trial without justification, denying your right to a speedy trial
- Relying on perjured testimony or faulty evidence without correction
These violations strike at the heart of fairness. If your right to due process has been violated, it can form the basis for an appeal—or even overturn your conviction.
How Do I Know if My Rights Have Been Violated?
Not every mistake made by a police officer or prosecutor rises to the level of a constitutional violation. However, if you’ve been arrested, interrogated, or charged with a crime, it’s crucial to remain vigilant for potential red flags.
Watch for these signs that your rights may have been ignored:
- Being searched without a warrant or consent
- Not being told your rights before questioning
- Being denied access to an attorney
- Feeling pressured or coerced into confessing
- Facing charges based on weak or questionable evidence
An experienced criminal defense lawyer can review the facts of your case and determine whether your rights were violated. They can also assess the strength of the evidence, file motions to exclude illegally obtained information, and fight for dismissal if the government’s case is compromised.
Contact a Criminal Defense Attorney for Help Today
If you believe your rights have been violated in California, don’t wait. The sooner you speak with a criminal defense lawyer, the better your chances of holding the government accountable and protecting your future.
A skilled defense attorney can evaluate the conduct of law enforcement and prosecutors, challenge unconstitutional practices, and ensure you’re treated fairly throughout the process. Whether you’re facing misdemeanor charges or a serious felony, your rights matter—and a lawyer can help you assert them.
For more information, please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation. Give us a call at (619) 357-4977, or visit our convenient location:
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1740
San Diego, CA 92101
(619) 357-4977
24/7
