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When is a Police Search Invalid?

Posted on : May 9, 2018

In order to carry out a search that yields evidence that can ultimately be used in a criminal case against you, it is important for police officers to follow this search and seizure by the book. When the police officers do not follow the regular requirements for search and seizure, this can lead to serious mistakes that you may allege in your criminal defense case. You may argue that all of the evidence collected from that illegal search needs to be thrown out simply because it is not accurate for the situation. Every person has rights, even when there may have been clear evidence collected that you could have been guilty of a crime.

In order to conduct a search, police officers need to have a warrant, but it is important to realize that there are exceptions to having a warrant, such as if a police officer asks for permission to search and you provide him or her permission to search your vehicle or your home. In the event that you do not consent to a search, it can be difficult to suppress any evidence that is collected because the police officer will most likely argue that he or she had probable cause, such as seeing that you may have been trying to hide an item or that something was in plain view. However, if the police officer violated your rights and conducted an illegal search, any of the evidence seized from that process cannot be used against you if you have a criminal defense attorney who argues this immediately and tries to get that evidence thrown out.

It is imperative that you retain a criminal defense attorney immediately who has extensive experience in this field and one who can help you to recover the compensation you need and deserve to move forward with your life. Do not hesitate to retain an attorney who has a track record of experience.

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