Legal Question in Disability Law in California

"Can" they? Of course. You CAN speed on the freeway. People CAN murder their neighbor. If you are charged with a crime, and if the DA tries to use evidence obtained in a search, you have the right to file Motions to suppress the evidence as part of your defense against the charges.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Effective plea-bargaining, using whatever legal defenses, facts and sympathies you may have, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.