Many people accused of criminal acts want to exonerate themselves. They may choose to take the case to trial to prove that they did not break the law. Those intending to fight pending criminal charges instead of pleading guilty must prepare a strategy before the trial.
Details about their arrest and the evidence supporting their charges can directly influence their chances of success. In some cases, the evidence backing the prosecutor’s charges is the product of an inappropriate or illegal search.
If police officers broke the law or violated a person’s civil rights, what does that mean for the evidence they’ve found?
An attorney can exclude ill-gotten evidence
Criminal defense attorneys help their clients evaluate the charges they face and the evidence the state intends to present. That process can help identify weak points in the prosecution’s case and may lead to a successful defense strategy.
Eliminating critical evidence is often a key component of a successful defense strategy. If a defense attorney can show that police officers conducted an illegal or inappropriate search, they can ask the courts to exclude the evidence secured through that search.
The exclusionary rule protects people from Fourth Amendment violations by preventing the state from using evidence obtained through violations of people’s rights. If a criminal defense attorney can exclude certain evidence, the prosecutor may need to dismiss the pending charges. Other times, the elimination of critical evidence can pave the way for a more effective defense strategy.
Learning more about police searches and court rules can be beneficial for those planning a criminal defense strategy. Evidence obtained inappropriately may not be useful during a trial if a lawyer can convince the courts that an illegal search has occurred.
