The state cannot bring charges against individuals without sufficient evidence. Prosecutors generally need proof beyond a reasonable doubt that a defendant violated the law. Evidence ranging from reports explaining the forensic analysis of biological materials to fingerprints and the possession of specific items can directly influence the likelihood of criminal charges and of a defendant’s conviction.
Police officers receive extensive training on the rules that govern searches. They understand that they need to have warrants whenever possible. When warrants are not available but the situation requires an immediate response, officers can conduct searches if they have probable cause to suspect a recent crime or a crime in progress.
They can also conduct searches with the permission of the person or property owner. Some police officers may ignore those rules and conduct inappropriate searches of people or private property. What happens after an unlawful or inappropriate search?
Ill-gotten evidence isn’t useful in court
In many cases, police officers who break the rules to gather evidence do far more harm than good to their cause. Defense attorneys who are aware of inappropriate police officer conduct can request that the courts exclude certain evidence from the criminal proceedings.
Under the exclusionary rule, evidence found through illegal searches, violations of an individual’s rights or other types of misconduct may not be admissible during a criminal trial. Defense attorneys can provide information to the courts about the illegal or inappropriate conduct of officers. The courts may then determine that physical evidence found during an illegal search is not admissible.
In some cases, the exclusion of evidence can completely undermine the state’s case. An inappropriate search could potentially be the only source of compelling evidence. If excluding certain evidence makes it impossible for the prosecutor to prove guilt beyond a reasonable doubt, they may dismiss the pending charges against the defendant. Other times, they may proceed with the trial, but the defense team may have a much easier time mounting a strong defense strategy.
Unfortunately, realizing that a search is illegal as it occurs does not prevent people from experiencing a violation of their rights or an unfair arrest. People generally need to try to recall as many details as they can about a situation that resulted in an illegal search. They may also need to talk to an attorney as soon as possible to begin preparing to fight back.
Learning about how different defense strategies may impact criminal cases can help defendants plan. Attorneys can often raise questions about the legality of police conduct and eliminate evidence before a trial even begins.