Police officers have relatively difficult jobs. They have to deal with people, often when they are at their worst. They have to intervene in dangerous situations. They investigate criminal activity and take people who have broken the law into state custody.
Police officers have to perform a variety of dangerous and challenging tasks all while following the law and upholding the civil rights of the people that they encounter. Their job security depends in no small part on maintaining high arrest and solve rates for local crimes. Sometimes, officers let their enthusiasm get the better of them. They may bend or outright break the rules that apply to law enforcement.
For example, police officers might conduct an inappropriate search. They might pat someone down without their consent and without a reasonable belief that they may possess a dangerous weapon. They might search a vehicle or a private residence without a warrant or permission. If those facing criminal charges believe that they experienced an illegal search, the misconduct of police officers could have a major impact on the evidence used in court.
Illegal searches yield useless evidence
The state must comply with the law and uphold the civil rights of individuals while investigating and prosecuting criminal matters. If a defense attorney can show the courts that police officers conducted an inappropriate search, that could render the evidence obtained during that search useless during a criminal trial.
Under the exclusionary rule, which stems from the Fourth Amendment that protects people from unreasonable searches, prosecutors cannot present evidence obtained through illegal searches or other civil rights violations. If a defense attorney can convince a judge that police officers inappropriately searched a person or their property, any evidence they found during that search may not be admissible during a trial.
Similarly, if officers engage in inappropriate conduct while questioning an individual, such as violating their Miranda Rights, the courts may have to set aside statements made to police officers, including outright confessions. The ability to eliminate some of the state’s evidence can make a major difference for criminal defendants.
Discussing police officer conduct and other key details of a case with a skilled legal team can help people develop effective criminal defense strategies. Attorneys may be able to challenge the use of certain evidence if police officers do not follow best practices.