Did the police illegally seize evidence?

The police may have barged into your house or demanded to look inside your vehicle. After a lengthy search, you may have been arrested because the police found evidence of criminal activity — whether that’s drugs, an open container, unregistered weapons or something else. However, the police may have violated your legal rights. 

You are protected from unreasonable searches and seizures under the Fourth Amendment. This means that the police must follow property legal procedures if they wish to search your person, home or vehicle. Here is what you should know:

When do the police have the right to search a person, house or vehicle?

The police do not have a blanket right to search a private person or their property. They generally must meet certain conditions before they can take that liberty. The most straightforward way they have of conducting a search is by gaining permission from an individual or property owner, first.

If permission is not granted, however, law enforcement may need to obtain a search warrant. A search warrant is a legal document that is granted by a judge based on evidence of “probable cause” that a crime has been committed. This could include, for example, an open bottle of alcohol in view in a vehicle or blood on a suspect’s shirt. However, a search warrant does not grant the police the power to search just anywhere. The search warrant must include a specific location and time during which the police can search. 

There are some exceptions to searches via consent or with a warrant. The police may, for example, seize items that are considered evidence of a crime if they are “in plain view,” such as lying on your dashboard. They may also make searches during “exigent circumstances,” such as when they are concerned that evidence may be destroyed. They may also make searches, at times, incident to arrest.

The use of illegally obtained evidence in court

If the police do not have permission, a warrant or probable cause, then a search and seizure may be considered unreasonable. If this can be proven, then the evidence collected may be inadmissible in court. 

Having evidence thrown out of a court case because the police violated your rights could protect you from serious criminal charges.