Police officers respond to reports of criminal activity and investigate situations that appear to include criminal elements. Police officers often gather the evidence that prosecutors require to bring charges against individuals.
To secure evidence, police officers physically search homes and vehicles. They may pat down individuals. They often review financial and telephone records to secure evidence of criminal activity. They may talk to the person suspected of a crime and anyone in their inner circle in their attempts to prove that a crime occurred.
Defendants and their defense attorneys typically have the right of discovery during criminal proceedings. The state must provide them with access to the evidence the prosecution may present during a trial. In some cases, the defendant may claim that police officers broke the law or violated their rights by conducting an inappropriate search. Such claims can have a profound impact on the outcome of criminal proceedings.
When is a search inappropriate?
The Fourth Amendment largely protects people in the United States from unnecessary searches and property seizures. Police officers intending to search vehicles or private property, including residences and businesses, often need warrants to ensure the legality of their searches.
Occasionally, the police may search without a warrant if they have probable cause. They need to be able to articulate a suspicion of specific criminal activity to justify searching without a warrant. In scenarios involving a pat-down or bodily search of an individual, police officers need to have a credible suspicion of a dangerous weapon or to conduct the search after they already have probable cause to justify an arrest.
Searches that occur without probable cause or permission may violate the rights of an individual, which could have a profound impact on the upcoming trial.
Lawyers can suppress ill-gotten evidence
If police officers violate an individual’s rights by conducting an unlawful search, the prosecutor may not be able to use the evidence obtained during that search. A defense attorney can invoke the exclusionary rule and ask the courts to suppress evidence obtained through inappropriate searches.
The suppression of evidence can sometimes lead to the dismissal of pending charges. Other times, evidence suppression can make it much easier for the defense team to raise a reasonable doubt about the prosecutor’s claims.
Discussing the conduct of police officers and suspicions about inappropriate searches could help defendants assert their rights. An illegal search could ultimately prove beneficial for a defendant hoping to fight their criminal charges.