Some people experience police searches when officers show up at their homes with a warrant. Others end up being searched during a traffic stop or a random encounter in public. Officers may pat them down or go through their property.
Police searches can be invasive and embarrassing in some cases. They may also result in the officer choosing to make an arrest. People sometimes become incredibly anxious if police officers find unexpected things while conducting a search.
Some defendants even plead guilty because they assume that there is no way for them to fight the charges they face given their circumstances. However, if the search that occurred was illegal, the defendant may still have options available to them. What impact can an illegal search have on criminal proceedings?
A lawyer could challenge ill-gotten evidence
Police officers need a justification to search an individual or private property. The Fourth Amendment protects people from unreasonable searches and property seizures. If police want to search a person or private property, they need prior approval or qualifying special circumstances.
A warrant signed by a judge is one justification for a search. Officers can also conduct searches when they have probable cause. Probable cause involves having an articulable suspicion of a specific criminal behavior. Without probable cause or a warrant, officers usually can only conduct searches when they have the permission of the person they intend to search.
When the search doesn’t meet those standards, the defense attorney representing the individual subject to the search can challenge the use of the evidence found during the search. The exclusionary rule protects people from inappropriate police activity or violations of an individual’s civil rights.
A defense attorney may be able to convince the courts to set aside certain evidence. If that evidence was the primary basis for the charges against the defendant, it may be possible to request the dismissal of the pending charges. Other times, the elimination of some evidence can facilitate a stronger overall defense strategy.
Discussing what may have been an illegal search with a lawyer can help defendants facing criminal charges consider their options. Fighting back against inappropriate police conduct can help people avoid unfair criminal charges and convictions.