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Understanding Criminal Procedure and Improper Searches in State
Exploring Criminal Procedure and Unlawful Searches at the State Level
Defining an Unlawful Search in a City or County
An improper search in a State context refers to an illicit investigation that infringes upon an individual’s constitutional right to privacy. This violation is grounded in the Fourth Amendment of the United States Constitution, which staunchly asserts:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This constitutional provision aims to curb unreasonable searches and seizures by law enforcement in locations where an individual can reasonably expect privacy. Such areas encompass personal residences, properties, and bodies, as well as specific parts of a motor vehicle (such as a secured trunk) and certain public spaces (e.g., a restroom stall).
For a search to be deemed reasonable, and therefore lawful
1. Police must possess probable cause to believe that incriminating evidence exists, and they must obtain a search warrant from a judge, or
2. The circumstances must render it lawful for the police to conduct a search without a warrant.
During an improper search, a court can suppress any evidence discovered, rendering it inadmissible in the defendant’s trial. Seasoned criminal defense attorneys from our firm, can assess your case to determine if your rights were violated. Contact us today.
Distinguishing Between Proper and Improper Searches in a State
When evaluating the legitimacy of a search, the court takes into account various factors.
Proper Searches
A proper, or lawful, search can occur:
1. Under a valid warrant,
2. Without a valid warrant, but where the police genuinely believe there is a lawful basis for the search—referred to as the “good faith exception” (for instance, if the police rely in good faith on an invalid search warrant and otherwise behave appropriately during the search),
3. In situations where circumstances negate the need for a warrant.
Instances not requiring a warrant include searches:
♦ After a lawful arrest,
♦ Of a vehicle after a lawful stop,
♦ Where there is a risk of evidence destruction or concealment,
♦ When a person is briefly detained for investigation during a “stop and frisk” operation,
♦ Related to a person the authorities are actively pursuing,
♦ With the consent of the person being searched or the property owner.
In these scenarios, law enforcement can conduct a proper search without a warrant.
Improper Searches
An improper, or unlawful, search transpires when:
If these circumstances are present, a defendant may file a motion requesting the court to deem the search improper and apply the exclusionary rule.
An Unlawful Search and the Exclusionary Rule
The exclusionary rule acts as a safeguard, preventing the government from using evidence obtained through a violation of an individual’s constitutional rights.
Essentially, any evidence discovered during an improper search is barred from being used against a defendant in a criminal trial.
When to Engage a Criminal Defense Lawyer in a City or County
If the prosecution relies on evidence stemming from a police search, consult with an experienced criminal defense lawyer. They can assess whether correct search and seizure procedures were followed. If your constitutional rights were violated by an improper search, our defense lawyers can help argue for the suppression of evidence, potentially weakening the prosecution’s case.
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