Police officers have to ensure that they follow proper protocol because every rule and guideline is rooted in protecting rights while balancing public safety. One area that they must ensure they always comply with is search and seizure laws.
In order to search a place where a person has an expectation of privacy, such as their home, the officers need a search warrant or permission from the individual. Having that warrant, which should include what the officers are searching for, ensures the police officers aren’t just searching so they can harass the individual.
What happens if no search warrant is present?
There are very limited circumstances in which police officers can search without a warrant. These include with permission or if there are exigent circumstances present. If those circumstances aren’t present, anything the officers seize could be considered inadmissible in court.
There’s an exception to this that should be noted. Police officers can legally seize any evidence that’s clearly visible from a location where they’re lawfully allowed. For example, if an officer sees a stack of driver’s licenses on a table in the entryway when they’re standing at the front door, they could seize those.
When evidence is unlawfully seized, part of the defense strategy might be to suppress the evidence in question. Working with someone familiar with these matters might be beneficial for anyone who’s facing criminal charges. It’s critical to remember that the issue with the evidence might be only one small part of a strategy that represents the best interests of the defendant.