What To Do If The Police Illegally Searches You And Unlawfully Seizes Evidence
The Fourth Amendment
The Fourth Amendment to the United States Constitution protects citizens from
unreasonable searches and seizures by law enforcement officers. This amendment is one
of the most critical protections for individuals accused of crimes, as it limits the power of
the government to intrude on a person’s privacy and gather evidence against them.
The Fourth Amendment states: “The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or
things to be seized.”
This means that law enforcement officers cannot search a person, their property, or their
belongings without probable cause and a warrant that describes the specific place to be
searched and the items or persons to be seized. However, there are some exceptions to
this requirement, such as searches incident to an arrest or during a traffic stop.
Motions to Suppress Evidence
If a search or seizure violates the Fourth Amendment, the evidence obtained during that
search or seizure may be excluded from trial. This exclusion is known as the
“exclusionary rule.” In some cases, a criminal defense attorney may file a motion to
suppress evidence, asking the court to exclude certain evidence from the trial because it
was obtained in violation of the Fourth Amendment.
Motions to suppress evidence can be powerful tools for criminal defense attorneys, as
excluding evidence can weaken the prosecution’s case and increase the likelihood of a
favorable outcome for the defendant. However, these motions can also be challenging
to win, as the burden of proof is on the defendant to show that the evidence was
obtained illegally.
Challenging the Legality of a Search or Seizure
To successfully argue for a motion to suppress evidence, a criminal defense attorney
must show that the search or seizure violated the Fourth Amendment. This can involve
challenging the legality of the search or seizure itself, as well as challenging the validity
of any warrants or probable cause determinations.
For example, a criminal defense attorney may argue that a search was conducted
without a warrant or without probable cause. Alternatively, they may argue that a
warrant was issued based on false information or that the scope of the warrant was too
broad.
If a search or seizure was conducted without a warrant, the prosecution may try to argue
that it fell under one of the exceptions to the warrant requirement, such as a search
incident to an arrest or a search conducted during a traffic stop. In these cases, a
criminal defense attorney may argue that the search was not within the scope of the
exception, or that the officer did not have probable cause to conduct the search.
In some cases, a criminal defense attorney may also challenge the manner in which the
search was conducted. For example, they may argue that the officer used excessive force
during the search, or that they violated the defendant’s rights by conducting a strip
search without cause.
Conclusion
The Fourth Amendment is a crucial protection for individuals accused of crimes, as it
limits the power of law enforcement officers to intrude on a person’s privacy and gather
evidence against them. Motions to suppress evidence can be powerful tools for criminal
defense attorneys, as they can exclude evidence obtained in violation of the Fourth
Amendment from trial. However, successfully arguing for a motion to suppress evidence
can be challenging, and requires a thorough understanding of the law and the facts of
the case. If you are facing criminal charges and believe that your Fourth Amendment
rights have been violated, it is essential to consult with an experienced criminal defense
attorney who can help you protect your rights and defend your case.
Consult us
Don’t hesitate to contact us for a consultation at (818) 650-1744 or by email at info@gracelegalgroup.com. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.