People in the United States generally have protection from unreasonable searches and seizures of their private property. Different rules apply to different types of searches, but there are certain baseline standards that generally apply.
Law enforcement professionals typically require permission, warrants or probable cause to conduct searches. Factors including seeing a crime in progress, identifying a threat to public safety or engaging in a “hot pursuit” can influence the search rules that police officers must follow.
Sometimes, officers perform illegal searches. What they find during those searches could then lead to criminal charges. Those implicated in criminal activity because of illegal searches can potentially use the misconduct of police officers as part of their criminal defense strategy.
Challenging the use of wrongfully obtained evidence
The exclusionary rule allows for the elimination of certain types of criminal evidence. When police officers violate an individual’s rights or break the law, their actions may affect the state’s ability to prosecute that person. If a legal professional can show that police officers conducted an inappropriate search, they can ask the court to prevent the prosecutor from using the evidence obtained during that search.
If a defense attorney can successfully suppress evidence obtained in an illegal search, the prosecutor may need to dismiss the pending charges. Other times, excluding evidence may make it much easier to raise a reasonable doubt about whether the defendant actually broke the law.
Documenting the misconduct of police officers and discussing concerns with an attorney can help people protect themselves. Illegal searches can be the basis of a criminal defense strategy. Having experienced legal guidance can be key to a successful outcome.