You have a Constitutional right to be free from unreasonable searches and seizures. That’s why, as a general matter, the police are supposed to secure a warrant, supported by probable cause, before searching your home, vehicle, or place of business. That said, there are several exceptions to the warrant requirement. This includes conducting searches incident to arrest, searches due to exigent circumstances, and searches when contraband is in plain sight.
But you shouldn’t give up on your criminal defense just because the police have seized incriminating evidence. If you can show that the police erroneously searched your home, car, or business, then you might be able to suppress the evidence that they seized and that the prosecution intends to use against you at trial. If you’re successful in blocking that evidence, then you could crater the prosecution’s case and increase your chances of having your charges dismissed or securing an acquittal.
What search errors can you rely upon when building your criminal defense?
There could be several options in your case. Here are some common issues that come up in criminal cases, any one of which you might be able to use in your criminal defense:
- The warrant is based on false or misleading information: When applying for a warrant, the police have to convince a judge that there’s probable cause, meaning that there’s a reasonable belief that a crime has been or will be committed, and that evidence of the offense is located in a specific place to be searched. If the police lie to the judge to secure a warrant, then the warrant is invalid and any subsequently gathered evidence is illegally obtained.
- The police go beyond the scope of the warrant: An issued warrant should be specific in the place to be searched. When law enforcement goes beyond the scope of the place to be searched, then they’ve violated your Constitutional rights unless they can demonstrate that they’re acting on a valid exception to the warrant requirement.
- The police misapply an exception to the warrant requirement: Each exception to the warrant requirement has specific characteristics that have to be met. If those qualifiers are bypassed by law enforcement, then their reliance on that exception is erroneous, meaning that an illegal search has occurred. You should be able to suppress evidence that’s gathered in violation of those exceptions.
- The search is subsequent to some other illegal action by the police: When the police engage in illegal activity, everything that follows is considered fruit of the poisonous tree. Therefore, if the police pull you over without reasonable suspicion, then any search conducted as part of that traffic stop will be deemed illegal. You would therefore be able to block evidence seized during that stop, which could completely devastate the prosecution’s case.
If you have any suspicion about the legality of a search and seizure, you should be sure to discuss it with your criminal defense attorney. With them, you can analyze the facts of your case to determine if you have a strong argument for evidence suppression. If you do, then you’ll need to file a motion with the court outlining your argument and ready yourself to lay out your case during a hearing on that motion.
You can’t skimp on preparing for this portion of your criminal case. After all, if you’re successful here, then you could beat the prosecution’s case, escape the charges levied against you, and protect your freedom. So, now is the time to start analyzing the facts of your case to find the best criminal defense strategies that you can effectively use to your benefit.