Keep Illegally Obtained Evidence Out of Your Case

Setra Law Firm, PC represents individuals facing criminal charges where evidence was obtained through a search or seizure that may have violated the Fourth Amendment. You may have been stopped without reasonable suspicion, searched without a warrant, or subjected to a search that exceeded the scope of what officers were legally permitted to do. This firm reviews the circumstances of the stop or search, examines warrant affidavits and probable cause statements, and files motions to suppress evidence that was obtained in violation of your constitutional rights. When a suppression motion is granted, the evidence cannot be used against you, and in many cases, the prosecution cannot proceed.

The process begins with a review of the arrest report, any search or seizure warrant, officer body camera footage, and witness statements to determine whether the Fourth Amendment was violated. Common issues include traffic stops that escalate into searches without consent or probable cause, warrantless entries into homes, searches of vehicles based on the smell of marijuana alone, and seizures of phones or computers without proper authorization. In West Texas, where drug and firearm cases are frequently prosecuted in both state and federal court, Fourth Amendment motions are often case-dispositive because the prosecution's entire case depends on physical evidence that may not survive scrutiny.



If you were arrested after a search or seizure and want to know whether the evidence can be challenged, contact Setra Law Firm, PC to discuss filing a suppression motion.

You provide the firm with all available reports, videos, and documentation related to your arrest. The firm reviews the legal basis for the stop, the scope of the search, and whether officers had a warrant or valid exception to the warrant requirement. A motion to suppress is then drafted and filed, arguing that the search or seizure violated the Fourth Amendment and that all resulting evidence should be excluded from trial.

After the motion is filed, the court schedules a suppression hearing where the officer who conducted the search testifies under oath. Setra Law Firm, PC cross-examines the officer on the facts and legal justification for the search, and the judge determines whether the evidence was lawfully obtained. If the motion is granted, the prosecution loses access to the evidence, and you will see either a dismissal, a reduction in charges, or a significantly weaker case at trial.



Suppression motions apply to a wide range of cases, including possession of controlled substances, firearm offenses, theft, fraud, and conspiracy. They are particularly effective in cases where the only evidence against you is what was found during the search. The motion does not address your guilt or innocence but focuses solely on whether the government obtained the evidence legally.

These are the questions clients most often ask when they believe their rights were violated during a search or arrest.

A search is unlawful if it was conducted without a warrant, without your consent, and without a recognized exception such as plain view, exigent circumstances, or search incident to arrest. If none of those apply, the search violates the Fourth Amendment.

What does it mean for a search to be unlawful?

The officer who conducted the search testifies about what happened and why. Your attorney cross-examines the officer and presents argument. The judge then decides whether the search was constitutional. You do not testify unless you choose to.

How does a suppression hearing work?

The evidence obtained from the illegal search is excluded. In many cases, this means the prosecution cannot prove its case, and the charges are dismissed or reduced. In other cases, it removes key evidence and weakens the state's position at trial.

What happens if the motion is granted?

Why are these motions common in Odessa and Midland?

Both cities are located along Interstate 20, a major corridor for drug enforcement activity. Many arrests result from traffic stops that escalate into vehicle searches, and those stops are frequently challenged on Fourth Amendment grounds.

An officer must be able to point to a specific traffic violation or observable conduct that suggests criminal activity. A hunch, nervousness, or out-of-state plates alone are not enough to justify a stop.

What counts as reasonable suspicion for a traffic stop?

Setra Law Firm, PC files suppression motions in state and federal court and represents clients at evidentiary hearings. If you believe evidence in your case was obtained through an illegal search or seizure, reach out to discuss whether a Fourth Amendment motion applies to your situation.