There are many different criminal defense strategies that can work in a variety of unique situations. Those accused of a criminal offense sometimes prove they were not present at the time of a crime. Other times, they might assert that they acted out of duress. Other times, defense attorneys might specifically ask the courts to suppress certain evidence because of how the police gathered that evidence.
Keeping certain evidence out of criminal court can have a major impact on a defendant’s chances of beating their charges. One of the most common reasons that defense attorneys can exclude evidence from a criminal trial is an illegal search conducted by the police. What separates a legal search from an illegal one?
Searches are legal in limited circumstances
Police officers have the authority to search people and personal property in certain specific scenarios. The best-known situation involves an officer obtaining a warrant signed by a judge. A valid warrant with accurate information and a judge’s signature grants law enforcement professionals the ability to search a vehicle, residence or other private property.
Police officers can still conduct searches if they don’t have time to pursue a warrant first. They can potentially justify a search without a warrant by showing that they had probable cause. When officers have a clearly articulable suspicion of a specific criminal activity based on certain factors, they can conduct a search because they have reason to believe that a crime has occurred.
The third way that police officers conduct a lawful search is by securing the permission of the subject of the search. Officers sometimes casually ask people if they can step inside a house or look in their vehicle. Those questions may seem nonchalant but lead to serious consequences in many cases. Officers can use any little detail they find as a justification to continue searching even if someone tries to rescind their permission.
If police officers did not have probable cause or a warrant and did not receive permission, then a search that they performed may have been illegal. Discussing the conduct of investigators at length with a skilled legal team can help people determine what criminal defense strategies may be available to them. Choosing to fight pending charges instead of pleading guilty can help people to avoid future complications and push back against law enforcement misconduct.