Police officers have to conduct searches to gather evidence of illegal activity. Although sometimes victims come to the state with evidence already on hand, such scenarios are rather rare. Police officers often need to collect enough evidence for prosecutors to bring charges and prevail in criminal court.
Numerous rules apply to police searches. Sometimes, officers violate those rules and conduct searches that may either be illegal or that may constitute a violation of someone’s rights. Police officers might pat someone down without appropriate justification or may force entry into a private residence in an inappropriate situation. They may then find items that they feel prove someone’s involvement in criminal activity.
What happens when a defendant asserts that police officers have conducted an illegal search?
Illegal searches can affect the state’s case
Any person facing criminal charges who believes that the police violated their rights may need to discuss that concern with a defense attorney. A lawyer can help someone gauge whether or not police activity was likely inappropriate. A search without a warrant, permission or probable cause might not be legal.
If an attorney agrees with a defendant’s assertion that a search was illegal or violated their rights, they can bring up the issue at trial. During criminal proceedings, a defense attorney can ask the courts to exclude certain evidence.
The exclusionary rule prevents the state from using evidence gained illegally or by violating the rights of a defendant. So long as the lawyer can convince the courts that a violation occurred, they can prevent the prosecutor from presenting certain evidence to the judge and the jurors.
In some cases, suppressing specific evidence can be enough to lead to the dismissal of pending criminal charges. In a driving while intoxicated (DWI) case, excluding all evidence gathered during an illegal traffic stop could effectively leave the prosecutor without any proof of criminal activity. Other times, the elimination of certain pieces of evidence can make it easier for someone to raise a reasonable doubt about their involvement in criminal activity.
Defendants hoping to fight pending criminal charges often need to look at their situations carefully. Suppressing certain evidence is only one of many viable tactics for those hoping to avoid a conviction.