Police officers are broadly empowered to conduct searches to find evidence of criminal activity. Sometimes, they search with a warrant signed by a judge. Other times, they may insist that they have probable cause to search a vehicle, business or residence. The evidence located and documented by police officers can play a major role in the state’s case during a criminal trial. Defendants and their lawyers have the right to review the evidence collected by the state to counter it during a trial.
Yet, despite this broad authority, it is sometimes appropriate for a defendant facing charges to assert that police officers violated their rights by conducting an illegal search. Their lawyer may be able to leverage the problematic search as part of a thorough criminal defense strategy.
How might inappropriate searches affect criminal proceedings?
The courts may need to set aside evidence
The Fourth Amendment protects people from unreasonable searches and property seizures. If a search occurs in a way that violates an individual’s Fourth Amendment rights, defense attorneys can ask the courts to eliminate evidence.
Under the exclusionary rule, it is possible to ask the criminal courts to prevent the prosecution from presenting evidence secured during an illegal search. A similar process may be available in cases where Miranda violations led to a confession or statements that the state intends to use as evidence during criminal proceedings.
Reviewing a search and the evidence collected by the state with a skilled legal team can help people evaluate their options. The suppression of ill-gotten evidence can lead to the dismissal of pending charges in some cases and may increase the likelihood of a successful criminal defense in others.