Investigating white-collar crimes requires officers to carefully follow a set of regulations and procedures. If investigators illegally conduct a search, you may be able to use the error to your advantage.
If you plan to argue that officers violated your Fourth Amendment rights, you should know a few things about this defense strategy.
You have protection against unreasonable searches and seizures thanks to the U.S. Constitution’s Fourth Amendment. This protection mandates that officers have probable cause to search either you or your property.
How an illegal search helps you
Whether you are facing state or federal prosecution, if you were illegally searched, you may be able to get a better outcome from your case. Judges routinely apply the exclusionary doctrine after they determine that an officer acted improperly. This prevents prosecutors from using evidence that was obtained illegally.
Determining whether a search was reasonable requires a comprehensive legal analysis. A skilled criminal defense attorney can provide strategies to examine the legitimacy of a search and an arrest.
How more evidence can be removed
An unreasonable search often affects both direct and indirect evidence. The courts may prevent prosecutors from using evidence that was legally obtained if it was obtained by the same person who performed an illegal search. This could result in a significant amount of evidence being removed from a case.
Get help with your defense strategy
You should not assume that officers acted legally when obtaining the information or evidence they intend to use against you. By securing the help of a skilled criminal defense attorney, you may be able to prove that a state actor violated your right to be free from unreasonable searches, you may be able to avoid a conviction.