An illegal search can be a huge issue in criminal defense cases. The fourth amendment of the United States constitution protects us citizens from unreasonable searches and seizures. child endangerment In order for the police to search an individual’s property they need either a warrant or probable cause. A warrant involves going to a judge and listing all the reasons the judge should grant them, the police, the power to search that person’s property. However, a lot of searches, especially the ones that are conducted during traffic stops, are based on probable cause. Another way that police can search your property is with your consent because they may not have enough probable cause to search but they have a reason to believe a crime has been committed. If they do not use probable cause, a warrant or consent as the basis for their search, it is considered an illegal search. If the search is illegal, it violates our fourth amendment right. That means that anything that the police uncovered during the search, such as evidence of a crime, would not be admissible in a court of law. This is known as the “fruits of the poisonous tree”.
In criminal defense cases regarding an illegal search there can be various issues. Specifically, if there is no evidence then the Commonwealth’s case against you quickly deteriorates and all the charges against you might be dropped. what is a criminal interrogation But how do you know if the search that was conducted against you was illegal or not? That’s where a defense attorney will come in and evaluate all the evidence and see if the search was actually legal. For instance, they will look at what they used as probable cause and see if it is legitimate or not. If the police did not meet the standard for probable cause they will then look to see if you gave the police permission to search. If no probable cause or permission was granted, then your defense attorney should file a motion to suppress the evidence. If you have been searched by the police and as a result ended up being charged with a crime, you should seek legal representation to decide if the search was conducted legally or not. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will fight for the best resolution given the facts of your case.