Being charged with a crime can negatively impact anyone’s life. While it is natural to feel fear and confusion, it is important to remain focused on the legal options available. In many cases, this begins with challenging how the state gathered the evidence used.
In Tennessee and across the U.S., the Fourth Amendment protects individuals from unreasonable searches and seizures by the government. Understanding these rights and how to identify when they have been violated can be an advantageous defense against criminal charges.
How a search can become illegal
Law enforcement must follow strict legal procedures to conduct a search, including obtaining a valid and specific warrant. When police fail to comply with these protocols, or search a person’s home or vehicle without proper authority, it is a violation of their Fourth Amendment rights.
Proving a search was illegal is not a simple task. Individuals facing charges for serious crimes need to plan carefully when preparing a defense strategy. A legal professional can identify these procedural failures to build a case for suppressing the evidence.
What happens to evidence
When a defense successfully argues that a search was illegal, any gathered evidence is inadmissible in court. This is an extension of an exclusionary rule known as a “fruit of the poisonous tree” doctrine. This means that because the initial act was unlawful, the resulting evidence cannot be used against the defendant. These motions require precise legal arguments to help the judge see the connection between the officer’s error and the evidence in question.
Thoroughly preparing your defense
Finding an effective defense strategy for a serious criminal charge can be daunting. Identifying the right legal strategy is the first step in challenging the case against defendants.
