When the police violate a person’s rights during a search, they may disqualify any evidence that they find from a subsequent court case. This is because of the fruit of the poisonous tree doctrine. It’s important to keep this in mind because excluding evidence can be one part of your defense platform if you’re facing charges.
An example of this is if the police conduct an illegal search. Maybe they don’t have a search warrant, and the homeowner tells them they’re not providing consent to come inside, but the police decide to force their way into the home anyway. Even if the search they carry out reveals evidence of illegal activity, they may not be able to use that evidence when pressing charges because they didn’t legally have authorization to conduct the search in the first place.
Search warrants have parameters
But it’s not just a matter of getting the warrant. It also has to be executed correctly and within the parameters defined in the documentation.
For instance, a search warrant may say that the police have the authority to search a person’s garage but without giving authority to search their house. The warrant may specify the exact days or even hours when the search warrant has to be administered. It could also put limits on the evidence that police are looking for, so they’re not just going around the property looking for anything they can find. They have specific evidence that they believe exists, and that’s what they’re seeking.
If you’re facing charges and you believe the police made critical mistakes during the search, take the time to look into your defense options carefully.
