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Prosecutors often rely on physical evidence during a criminal trial. It’s critical that this evidence is obtained legally so that it can be used. If it’s not lawfully seized, it’s often possible to have it suppressed, which means it can’t be used against you.
In most cases, police officers need to have a search warrant to search for and seize evidence. This is a document that’s issued by a judge or magistrate that contains the location that can be searched. It also has to state what the police officers are looking for.
When can police officers bypass a search warrant?
There are very limited circumstances in which police officers don’t need a search warrant. Permission is one of these. It applies if someone with control over an area allows police officers to search the space.
Another exception occurs when the evidence in question is seen from a location where the officer is lawfully allowed to be. For example, a police officer can seize drugs that are on the coffee table if it can be seen from the front door or an open front window.
Other exceptions are possible if there’s a safety concern for the public or the officer. Evidence seized in connection with a felony arrest can also fall under an exception.
Illegally obtained evidence shouldn’t be used in a case against you. Instead, you need to determine how to move forward with having it suppressed as part of your defense strategy. This can be a challenging undertaking, so it’s likely beneficial to work with someone who can assist with making this happen. It’s best to start the process as early as possible to ensure that you have time to consider the options.