As a general rule, the police are supposed to obtain a warrant before searching your car or your home. This warrant, secured from a judge, should only issue after a determination that probable cause exists to believe that a crime was committed, and that evidence related to the crime is likely to be found in the place to be searched. This probable cause typically comes from a sworn affidavit written by a law enforcement officer.
That might sound like an okay process, but errors related to warrants and warrantless searches are made all the time to the detriment of those who end up accused of criminal wrongdoing.
Common errors the police make when executing a search
The police can make a lot of mistakes when it comes to searching your car or your home, which could result in your Constitutional rights being violated. Here are some of the errors they could make and that you could use to your advantage in your criminal case:
- The warrant was secured on false pretenses.
- The probable cause determination wasn’t supported by the facts presented.
- Law enforcement executed a search that exceeded the scope of the issued warrant.
- The police misapplied an exception to the warrant requirement.
- An otherwise justified warrantless search was conducted subsequent to illegal action, such as an illegal traffic stop.
There are other ways that a search can be illegally conducted, too. So, if you feel like the criminal charges levied against you are based on a violation of your rights, then you need to figure out the best way to build your criminal defense around that assertion.
Be aggressive in fighting back against the prosecution
There’s simply too much at stake to not fight against your criminal charges with everything you have. But to effectively do so, you have to know the law and how to poke holes in the prosecution’s case. That’s why before heading into your case it’s a good idea to read up on the law as much as you can and find a way to build compelling criminal defense arguments.