Proving a search warrant was not properly executed

When police or government agents obtain a search warrant to look for incriminating evidence on an individual, it’s done on the basis of probable cause that evidence connected to the crime exists in the specific area noted on the warrant. In some cases, the warrant can later be ruled illegal if the address is wrong or evidence that the police or agents didn’t expect to find isn’t listed on the warrant.

The Power of the Fourth Amendment

However, the Fourth Amendment guarantees everyone the right to be protected from unreasonable search and seizure. That’s how judges determine whether the search warrant can be issued, while the lack of a warrant after someone has been arrested is also allowed under certain circumstances.

Legally Searching Without a Warrant

Exceptions to having the Fourth Amendment apply relate to determining where the individual was, or where evidence was placed, gave them an expectation of privacy. In this case, expectations have to be reasonable, which means they have to be within private property—as in something like an individual’s home, an office cabinet or personal vehicle.

That privacy expectation doesn’t apply when an individual leaves such potential evidence in clear sight of others, even if it’s on private property. Also, a warrant isn’t required if the police or agents believe that the evidence in question could be destroyed in the time it would take to obtain a warrant.

While a vehicle is considered private property, it can be searched if the officer or agent reasonably believes that incriminating evidence is in it.

Finally, police can search what would normally considered private property without a warrant if they enter it while pursuing someone running from them.

Getting Evidence Thrown Out

When an illegal search by police or agent is performed, any evidence discovered can’t be used in any subsequent trial due to what’s known as the “exclusionary rule.” Also, any evidence that’s found as a result of the original illegal search can’t be used either, based on the doctrine of the “fruit of the poisonous tree.”

Those rules only apply to officers and agents, and not to people such as security guards or private citizens. It’s entirely possible that the latter two entities are guilty of other crimes by doing this, but they are within their rights to conduct the search. Contact us today to learn more.