The police may search a home or vehicle for evidence related to a crime. After a police search, for example, law enforcement may find illegal substances or weapons, stolen property or other types of incriminating evidence. This type of evidence could be used against someone in court, leading to criminal charges, incarceration, fines and other punishments.
However, if the evidence was illegally obtained by law enforcement, a person facing criminal charges can use this in their defense. Here’s what you should know:
Evidence may be dismissed in court
Under the Fifth Amendment, citizens are protected from unreasonable searches and seizures. The police must take proper steps to conduct a search and collect incriminating evidence. This means that the police must have the following before conducting a lawful search and seizure:
- Permission: A driver or home resident may give the police permission to search a home or vehicle.
- Search warrant: The police may have a court-ordered warrant to search a vehicle or property under specific terms and conditions.
- Probable cause: Law enforcement may have a reasonable belief that a crime was committed, leading to a search and seizure of evidence.
- Plain view doctrine: The police noticed incriminating evidence, such as weapons or substances, in plain view, allowing for a lawful search.
- Endangerment: Law enforcement may believe that a search is necessary for public safety.
- Lawful arrest: If the police arrest a driver or resident, a home or vehicle may be searched for incriminating evidence.
Evidence that was collected unlawfully could be presented in court against the defendant. However, the evidence may be suppressed because the police violated the defendant’s constitutional rights. The suppression of evidence could protect the defendant from criminal charges. Legal guidance can help people understand their rights after an unreasonable search and seizure.