Unlawful Searches and Seizures

Challenging the Admissibility of Evidence in Criminal Proceedings

If criminal charges are filed against you, you have the right to challenge the unlawful search or seizure to the criminal court. The Supreme Court has ruled many times that evidence obtained because of an unlawful search or seizure is not admissible against you in a criminal prosecution. Your attorney can file motions to prevent the prosecutor from using any such evidence against you. 

But when, exactly, is a search or seizure unlawful? The Fourth Amendment prevents searches and seizures unless a warrant has been issued by a judge after a showing of probable cause. However: the case law has recognized many exceptions to this rule. If, for example, officers can hear someone yelling for help inside of a house, they may enter the house without a warrant and look for the victim. (This is known as the “exigent circumstances” exception.) They may not search the house for contraband, but any illegal items that are in plain view can be seized if officers are lawfully present inside the home. (This is known as the “plain view” doctrine.) 

There are a huge number of exceptions to the warrant requirement. Prosecutors are skilled in trying to justify searches and seizures, so it is important to hire an experienced defense lawyer who knows how to fight back. This is a critical step toward protecting your constitutional rights.