Evidence gathered by police officers is often the cornerstone of a criminal case. The forensic evidence, financial records or contraband located by police officers and other investigators can help prove the claim that a person broke the law.
Police officers have an incentive to search and look for evidence of crimes, but thankfully, the Bill of Rights and established case law limit the ability of police officers to search people and private property. Sometimes, police officers conduct searches in a manner that violates the law or the rights of the person suspected of a criminal offense.
In cases where a search was illegal, the misconduct of police officers can potentially weaken the state’s case against the defendant.
Lawyers can suppress evidence from illegal searches
The Fourth Amendment is the part of the Bill of Rights that protects people from unreasonable searches and seizures of their property. Those with proof that police officers conducted an inappropriate or unlawful search can provide information about police officer conduct to their defense attorneys.
Lawyers can use the exclusionary rule to suppress or exclude evidence before the trial begins. The ability to prevent the prosecution from presenting certain evidence can significantly weaken the state’s case.
In some cases, prosecutors may need to dismiss the pending charges after the suppression of evidence. Other times, the exclusion of evidence can make it much easier for the defense to fight the pending charges against the defendant.
Documenting police misconduct and discussing it with an attorney as soon as possible can help people avoid life-altering criminal convictions. The suppression of evidence is a key component of many successful criminal defense strategies.
