Police officers help enforce the law by responding to distress calls and reports of criminal activity. They also investigate crimes after they occur and gather evidence to help build a criminal case. Police officers typically need to follow very specific rules about how they treat suspects and how they gather evidence.
If officers violate best practices or the rights of an individual, their mistakes might influence the outcome of criminal court proceedings. Illegal searches might involve officers entering a home without permission, searching a vehicle when they should not or performing a physical search of someone’s person at an inappropriate moment.
If a defense attorney can prove that a search was illegal, how might that affect a criminal trial?
The courts may exclude certain evidence
Allegations of illegal searches often help limit the evidence that prosecutors can use at trial. Evidence obtained through an illegal search may be inadmissible. A judge may prevent the prosecution from presenting the evidence at all or may instruct a jury to disregard information they previously heard about that evidence. The exclusionary rule helps protect defendants by keeping evidence obtained through a violation of their rights from contributing to the case against them.
What happens after eliminating evidence?
There are two potential benefits derived from excluding illegally-obtained evidence from a criminal trial. Sometimes, the only evidence the state has relates to inappropriate police conduct. In those scenarios, the prosecutor may have to dismiss the pending charges against the defendant. Without the evidence that police officers obtained through an illegal pat down or inappropriate property search, the prosecutor may not have any proof of criminal activity. The prosecutor may have to dismiss the pending charges.
Other times, the excluded evidence is only part of the state’s case. However, the defense team may have a much easier time raising a reasonable doubt about the defendant’s activities when they prevent the courts from hearing specific evidence.
When people believe that police officers have violated their rights, they may want to communicate that concern to a defense attorney. Reviewing the state’s evidence and the conduct of police officers can help people develop effective criminal defense strategies. Defendants who know their rights can recognize scenarios in which a violation might impact their defense options.