Evidence is crucial to convict a person of serious criminal charges. The police may collect evidence after an arrest or search to use against a person during a criminal trial. The defendant in a criminal trial could argue that their civil rights were violated and that evidence was unreasonably obtained. If this defense is successful, criminal charges could be dismissed.
It is important to learn when the police can perform searches to understand what happens to unreasonably seized evidence. Here is what you should know:
When can the police perform a search and seizure?
Typically, the police must obtain a court-ordered warrant to conduct a search and seizure. This warrant would specify when and where the police can perform a search. For example, a warrant may give the police the right to search a house or vehicle. However, a warrant may be limited to just one location, so searching a backyard or shed could require a new warrant.
There are several other ways the police could conduct a search and seizure. For example, the police could be given permission to perform a search. The police may collect evidence that is in plain view. Or, they may collect evidence after performing a lawful arrest.
Can wrongfully obtained evidence still be used in court?
If the police did not lawfully conduct a search and seizure, they may violate a person’s Fourth Amendment rights. As a result, evidence may be dismissed from a criminal case based on the “fruit of the poisonous tree” doctrine.
If evidence is dismissed in court, then a person’s criminal charges could be dropped. However, professional legal guidance may be necessary to prove that law enforcement violated the defendant’s legal rights.