The Fourth Amendment protects people in the United States from unreasonable searches and seizures. Law enforcement professionals generally have to follow best practices when conducting searches. They need to have a reasonable explanation for why they searched a person or their private property.

An officer hoping to search a vehicle during a traffic stop may need to ask for permission from the driver. Police officers who suspect that there is evidence of criminal activity in a private residence need permission to enter or a warrant. Otherwise, they need probable cause to justify a search.

Sometimes, police officers conduct searches that they legally should not perform. How can police misconduct during a search influence a criminal case that results from what they find?

Illegal searches may eliminate evidence

If police officers could violate the Fourth Amendment with just a slap on the wrist, illegal and inappropriate searches might be a much bigger issue. Thankfully, the courts have consistently reaffirmed that law enforcement professionals must follow appropriate procedures before conducting searches.

If defense attorneys learn that officers searched without appropriate justification, they can ask the courts to set aside the evidence obtained through a violation of their clients’ rights. If police officers search a vehicle without permission or probable cause during a traffic stop, anything they find during that search may not be admissible during criminal proceedings.

The same is true in cases in which officers search residences or businesses without proper justification. Even inappropriate pat-down searches in public locations could be subject to challenges in criminal court. If the courts agree with the claim that law enforcement professionals violated the law or an individual’s rights, they can set aside the evidence obtained during a questionable search.

Lawyers who invoke the exclusionary rule successfully can prevent prosecutors from using evidence obtained through inappropriate searches. In some cases, the elimination of evidence could lead to the state dismissing the pending charges against the defendant. Other times, reducing the pool of available evidence makes acquittal at trial much easier to achieve.

Discussing concerns about police officer conduct can help people develop criminal defense strategies. If officers violate people’s rights, their misconduct can influence the best response to pending charges.

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