People facing criminal charges have many options available to them as they begin planning a defense strategy. Some defendants may have an alibi that places them at another location at the time a crime occurred. Other people might have information that makes them eligible for an affirmative defense, such as circumstances that allow them to claim they acted in self-defense.
Another somewhat common defense strategy involves excluding certain types of evidence from the criminal trial because of how police officers obtained that evidence. Illegal police searches can render the evidence gathered unusable during criminal proceedings. Those who understand when police officers can conduct searches can better identify when a search may have been a violation of their rights.
Searches are only legal in specific scenarios
The Fourth Amendment explicitly enshrines the right to be free from unreasonable searches and seizures by state authorities. In the context of law enforcement encounters, the Fourth Amendment protects people from police officers searching them or their property without appropriate justification or prosecutors from using evidence obtained through illegal activity.
Searches are only legal when police officers follow specific procedures. In many cases, the best way to ensure the legality of the search is to obtain a warrant. Even when officers have a warrant, those subject to the warrant often need to check it carefully, as small mistakes and omissions could render the warrant invalid.
Without a warrant, police officers usually need a strong justification to conduct a search. They need probable cause to suspect criminal activity. Probable cause means having an articulable suspicion of a specific criminal infraction, not just a hunch that someone might be up to something.
Officers may also try to bypass the restrictions on searches by obtaining permission from the person involved. Officers may ask to look through a vehicle, step into someone’s home or pat an individual down during an interaction in public. A request to search could be an indication that an officer does not have grounds to search without permission. If police officers conduct searches without having probable cause, permission or a warrant, then the search may have been illegal.
The type of search and the reason for a police encounter can influence whether or not excluding certain evidence could be part of a criminal defense strategy. Those who understand the rules that limit police authority can use that information to fight against upcoming criminal charges.