if there is an illegal search and seizure would the case be dismissed at the preliminary hearing?

Answer 1

FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'
probably not. it all depends on the skill of the prosecutor, and the strength of their evidence. if it's a constitutional issue (which 4th amendment is) you'll need to hire a separate constitutional lawyer (believe it or not, hillary clinton is one of the best!) to address the constitutionality of the point in case. any more ?'s, just ask. "i ain't passed the bar but i know a little bit.....enough that you won't illegally search my ****." - jay z

Answer 2

If it was illegal, yes, it cannot be admitted as evidence. If it was observed by an officer, or if any permission was given, like, May I look? and stuff was found, that is a legal search. Same with a House,Boat,Tractor,Land anything.
But as allways, get an attorney and consult with them.

Answer 3

Not necessarily.
But if the judge rules that the evidence is not admissible, and police has no other evidence, then the case will be dropped on a motion for summary judgment.