Most criminal prosecutions are built on witness testimony and physical evidence. Previously on the blog we discussed ways that you can address problematic witness testimony, such as by attacking credibility and reliability. In this post, we want to assess how you may be able to address the physical evidence being presented against, specifically in highlighting errors made by law enforcement in securing and using a warrant or mistakes made in applying an exception to a warrant exception.
If you’re successful in attacking the legality of a search and seizure, then you might be able to suppress the evidence in question, blocking it from being used against you at trial. In some instances, this can completely devastate the prosecution’s case. This, in turn, can result in charges being dismissed or a jury acquitting you. Either way, don’t move forward with your criminal case without first assessing whether there were search and seizure issues that you can use to your advantage.
Common issues with warrants and exceptions to the warrant requirement
Although prosecutors will present evidence seized by police as the driving force that’ll spell the end of your defense, their confidence is often misplaced. That’s because there are frequently issues with warrants and the use of exceptions to the general warrant requirement. Here are some that you’ll want to look out for so that you know how to craft a compelling criminal defense if there was an error in your case.
- An illegally obtained warrant: A warrant isn’t necessarily legal simply because a judge signed off on it. This is because the police might’ve given the court false or misleading information that resulted in the warrant being secured. If this happened in your case, then you might be able to successfully argue that the warrant was illegally obtained and thus it’s execution and any seizure of evidence through a subsequent search was also illegal.
- Poor execution of a warrant: The warrant utilized in your case should’ve been specific as to the place to be searched and what the police were to look for while executing their search. If the police went beyond the scope of the warrant, then your Constitutional rights have been violated. As a result, you may be able to suppress any evidence that was seized outside the scope of the warrant in question.
- Misapplication of a warrant exception: There are several exceptions to the warrant requirement, each with its own requirements that have to be met before it can be utilized. That’s a lot for the police to remember and appropriately navigate, especially in the heat of the moment. If you can identification a misstep in the application of one of these exceptions, then you can highlight that illegality for the court so that you’re not convicted on inappropriately obtained evidence.
- Fruit of the poisonous tree: Even if the police appropriately apply an exception to the warrant requirement, the evidence in question may still be deemed illegally seized if it follows an illegal act. A classic example of this is when a search is conducted subsequent to an illegal traffic stop. Here, you can show how the evidence collected was tainted by illegality. This is known as the fruit of the poisonous tree doctrine.
Don’t let faulty policework lead to your conviction
The police make mistakes all the time that violate Constitutional rights. But the matter will only be addressed if you raise it with the court. If you don’t, then you could wind up convicted on otherwise suppressible evidence. So, now is the time to get to work building an effective criminal defense that’s best positioned to protect your freedom and your future.