For the state to successfully prosecute an individual, a prosecutor’s office must meet a relatively high burden of proof. During a trial, the prosecutor must convince jurors beyond a reasonable doubt that a crime occurred and the defendant was the one who committed that crime.
Police officers frequently collect the evidence that prosecutors rely on during criminal trials. Frequently, the evidence that they find is the result of a search. Law enforcement professionals can search private property and vehicles in specific scenarios.
When is a police search theoretically lawful?
1. When officers secure a warrant
The strongest legal right to search comes from a warrant signed by a judge. When there is a strong suspicion of specific criminal activity, law enforcement professionals can ask a judge to sign a warrant. Warrants apply to specific locations or vehicles. Issues with the warrant itself, including the lack of appropriate signatures or inaccurate information, can compromise the validity of the search that occurs.
2. When officers have probable cause
Many searches are not the culmination of a prior investigation. Instead, they occur after a chance encounter. Police officers responding to a noise complaint in a residential neighborhood may witness something nearby that makes them suspect a crime in progress at a different location. Probable cause requires a credible suspicion of a specific criminal act, not just a vague sense of unease or a gut feeling. Police officers who notice drug paraphernalia in the backseat of a vehicle, for example, could potentially cite that as probable cause to search the vehicle during a traffic stop they initiated for an unrelated reason.
3. When people give permission
When officers lack a warrant and do not have probable cause, they often ask for consent. Many people want to be as polite as possible when interacting with law enforcement professionals. They may agree to let officers look through their vehicles or homes. They may be unaware that doing so leaves them vulnerable. Even those who believe they consistently follow the law may expose themselves to prosecution and various criminal consequences if they give officers permission to search their homes or their vehicles.
In cases where police officers violate people’s rights by conducting illegal searches, their conduct can influence what happens during a criminal trial. Making use of one’s civil rights and communicating with a criminal defense attorney about potential rights violations can help those accused of breaking the law. Improper searches may ultimately yield evidence that an attorney can suppress during a trial.