Police officers sometimes need to conduct searches to obtain evidence to pursue criminal charges. They can’t just search wherever they want or whenever they want. Instead, they can only conduct a search or seize evidence under specific circumstances.
One way that a search or seizure can occur legally is if the person gives them permission to do the search or seize the evidence. If that’s not the case, the police are limited in what they can do, particularly if there aren’t exigent circumstances present. Even without permission or an exigent circumstance, police officers can seize evidence if it’s clearly visible from somewhere they’re allowed to be.
Police may need a search warrant
Police officers will often need a search warrant to conduct a search. This is a document that’s signed by a judge or a magistrate. It outlines where police can search and what evidence they can search for. Obtaining a search warrant requires that the officer requesting it show that there’s probable cause to believe that evidence of a crime will be found in the target location.
If police officers search or seize evidence unlawfully, that evidence is likely inadmissible in court. This would mean that it can’t be used in a case against the defendant.
Anyone who’s facing criminal charges should determine how to handle a defense strategy. If a violation of civil rights, such as an illegal search or seizure, has occurred, the defendant may be able to use that in their defense strategy. It may be beneficial to work with someone familiar with these matters so they can explore their options and move forward with their chosen defense.