What is an Improper Search in Erie?
An improper search in PA is an illegal search that violates an individual's constitutional right to privacy.
The Fourth Amendment prohibits unreasonable searches and seizures by law enforcement in places where a person has a reasonable expectation of privacy. This includes their residence, property, and body, as well as specific areas of a motor vehicle (such as a locked trunk), and certain public places (for example, a public restroom stall).
For a search to be reasonable, and therefore proper:
- Police must have probable cause to believe incriminating evidence exists and they obtain a search warrant from a judge, or
- The circumstances make it lawful for police to conduct a search without a warrant.
A court can suppress evidence found during an improper search, meaning it cannot be used against the defendant during their trial. An experienced criminal defense attorney from the Veitch Law Firm will examine your case and determine whether your rights were violated. Call us today at 814-314-0051 to schedule a free consultation.
Proper versus Improper Searches in PA
A court will consider several factors when deciding whether a search was conducted properly.
A proper, or lawful, search is conducted
- Under a proper warrant;
- Where the circumstances mean a warrant is not required
Situations that do not require a warrant include where:
- Police search a person after a lawful arrest
- There are exigent circumstances, ie, a risk that incriminating evidence may be destroyed or concealed
- A person is briefly held for investigation during a “stop and frisk”
- The search relates to a person the authorities are in “hot pursuit” of
- The person being searched or the property owner consents to the search
In these situations, law enforcement can conduct a proper search without a warrant.
An improper, or unlawful, search occurs when:
- The police conduct a search without a warrant in circumstances where a warrant is required
- The police conduct a search under an improper warrant.
- The search is conducted in a way that violates a person's reasonable expectation of privacy
If these circumstances exist, a defendant may file a motion with the court asking it to find the search improper and apply the exclusionary rule.
An Improper Search and the Exclusionary Rule
The exclusionary rule prevents the government from relying on evidence obtained as a result of a violation of an individual's constitutional rights. It means that any evidence found in the course of an improper search cannot be used as evidence against a defendant during a criminal trial.
When to Hire a Criminal Defense Lawyer in Erie
If the prosecution is relying on evidence found during a police search, you should ask an experienced criminal defense lawyer at the Veitch Law Firm to review your case. They can advise you whether the correct search and seizure procedures were followed.
If your constitutional rights have been violated by an improper search, our defense lawyers can help you argue that the evidence found during the search should be suppressed at your trial. If successful, this may weaken the prosecution's case against you and help you defend the charges. To learn more, you should contact the Veitch Law Firm today by calling 814-314-0051 or submitting an online form today and schedule a free consultation.