Police efforts often play a major role in the development of a criminal case. They gather evidence by conducting searches or talking to people. They identify suspects and may spend weeks trying to connect specific people to criminal activity. The evidence that they obtain can help a state prosecutor pursue charges against an individual.
Prosecutors typically need evidence beyond a reasonable doubt of criminal activity, which means that police officers need to investigate thoroughly if they hope to resolve a criminal incident with a conviction. Sometimes, the conduct of police officers can actually endanger the state’s case.
Defense attorneys can sometimes challenge the use of certain evidence based on the misconduct of police officers. The exclusionary rule allows those who have experienced a violation of their Fourth Amendment rights to ask the courts to set aside certain evidence. The three scenarios below are among the most common situations in which a defense attorney can potentially prevent a prosecutor from presenting certain criminal evidence in court.
Illegal traffic stops
Police officers on traffic patrol sometimes go on inappropriate fishing expeditions. They may target people based on racial profiling or the condition of their vehicles. They begin a traffic stop without any clear indication of a primary traffic violation. They may then try to arrest a driver based on information they uncovered during the traffic stop. Raising questions about the legality of a traffic stop can potentially eliminate most or all of the state’s evidence.
Inappropriate police searches
There are numerous scenarios in which police officers can conduct searches of individuals or private property. Many searches occur after police officers obtain warrants. Other times, they can use probable cause as their justification to search. Sometimes they even seek permission from the individual to search them or their property. If police officers conduct a search without the appropriate justification, any evidence they find may not be admissible in criminal court.
Problematic questioning
Once police officers take an individual into state custody, that person has the right to remain silent. They technically do not have any obligation to answer police questions prior to their arrest either. Once someone is in state custody, they need to know about their rights before police officers question them. If officers fail to provide an individual with the Miranda warning, any statements or confessions made during questioning may not be admissible at a criminal trial.
Looking at potential violations of an individual’s rights could help a defendant plan a strong criminal defense strategy. Illegal searches and inappropriate police conduct can have major consequences on what transpires at a criminal trial. Seeking personalized legal guidance can help those who have been accused of wrongdoing to clarify their options accordingly.