In some criminal cases, a lengthy investigation results in police officers identifying a specific suspect. They go to a judge and obtain a search warrant. Once a judge has signed a search warrant, police officers can gain access to a private residence or even temporarily impound a vehicle to conduct a thorough search.
In some situations, police officers do not have time to seek a warrant before conducting a search. Instead, they justify the decision to search by claiming that they have probable cause. In some cases, their actions can influence the defense options available to a person suspected of criminal activity.
What constitutes probable cause?
A gut feeling that someone may have broken the law is not an adequate reason to conduct a search. Typically, police officers need to see, hear or even smell something that gives them reason to suspect that a specific type of criminal incident has occurred to claim they have probable cause that justifies a search.
The smell of drugs from inside a vehicle, for example, could give police officers the probable cause they need to conduct a search. The sounds of someone screaming for help or indications of attempts to destroy evidence could justify police officers accessing and searching private property. Police officers need to be able to explain what they witnessed that made them suspect a crime in progress. They also need to be able to explain what crime they believe might have occurred.
What if an officer didn’t have probable cause?
Sometimes, officers may stretch the truth in an attempt to justify inappropriate conduct. If an officer did not truly have probable cause, then the search that they performed may have been illegal. It may have violated the Fourth Amendment rights of the individual accused of breaking the law.
In some situations, a defense attorney can use claims of illegal searches as part of a criminal defense strategy. Any evidence gained through illegal actions or violations of an individual’s rights may not be admissible during a criminal trial.
A defense attorney could ask the courts to set aside evidence gathered during a search conducted without true probable cause. The elimination of certain evidence could result in prosecutors dropping pending charges. Even if the state continues to pursue the charges, reducing the evidence that the state has could make a major difference.
For those facing drug charges and other criminal allegations backed by questionably obtained evidence, getting help early could improve the outcome of their criminal proceedings. Discussing an alleged probable cause that an officer used to justify a search with a skilled legal team could help defendants evaluate whether an illegal search may have occurred.
