Police searches are part of the process in many arrests. Unfortunately, some of those searches do not fully comply with the legal requirements. They infringe on the person’s Fourth Amendment rights.
While an illegal search could make it more likely you are arrested, it could also make it more likely you are acquitted of any charges you face as a result.
Courts can exclude evidence gained illegally
Lawmakers have come up with various ways of discouraging the police from making illegal searches. One is that the officers involved can face disciplinary measures from their department. Another is that the victims of the illegal search can file a civil lawsuit against the officers or police department.
However, experience has shown that another method is more effective than either of those. Courts have the power to exclude any evidence a prosecutor presents if it was illegally gained. The police know this, so, most officers will try to ensure they abide by the rules when conducting searches, as otherwise, their work could be in vain. Evidence is key to a prosecution and being unable to use a certain piece of evidence makes it less likely a prosecution is secured – which is what the police and prosecutors are after.
As someone facing charges after a police search, it is wise to seek legal guidance. Talking your team through the search gives them the opportunity to see if there is a chance the search did not comply with the legal requirements. If it did not, they can present their argument to the court and ask to have the evidence dismissed.