Police officers and prosecutors act with a great deal of confidence. This can leave you feeling rattled, uncertain about what the future holds after being charged with a criminal offense. But before giving into plea demands made by the prosecution, it’s imperative that you carefully analyze the police work that went into your case. Law enforcement often makes mistakes that violate Constitutional rights, and you may be able to use their errors to your advantage as you build your criminal defense.
Yet, the court isn’t going to automatically point out police mistakes and block evidence on your behalf. The burden is on you to highlight the errors that have jeopardized your freedom and that should lead to evidence suppression. But where should you look to find these mistakes?
Police errors you can use to build your criminal defense
Police work can be highly technical. Officers have to stick to strict protocols that are mandated by their department, follow state and federal law and work to protect the Constitutional rights of those with whom they interact. With so much to keep track of, it’s easy for them to make a mistake that infringes on your rights and your freedom. Here are some of those errors that you should be on the lookout for in your case:
- An illegally obtained warrant: The police have to give a judge probable cause to believe that a crime has been committed and that evidence pertaining to that offense is located in the area to be searched. But if the police misconstrue the facts or outright lie about key details, then the warrant that’s obtained is illegal. If you’ve been subjected to an illegal search, then you can probably block any evidence seized during that search from being used against you.
- Misapplication of a warrant exception: In some situations, the police can forego a formal warrant and conduct a search. But strict requirements must be met here. If the police fail to meet those requirements for a warrantless search, then your Constitutional rights have been violated.
- Improper evidence collection and storage: Certain protocols have to be utilized when collecting and storing evidence to ensure that the evidence in question isn’t compromised. If there’s a break in the chain of custody or evidence in mishandled, then you can attack its integrity and its reliability.
- Failure to read your rights: If interrogated in custody, then the police are required to advise you of your Miranda These include the right to remain silent and the right to an attorney. If they don’t read you your rights and you subsequently make an incriminating statement, then that statement was illegally obtained. This means that you can probably block it from being used against you at trial.
- An illegal traffic stop: The police have to have reasonable suspicion that you’ve committed a crime or a traffic violation before stopping you. If they pull you over on a hunch, then they’ve broken the law, and the fruit of the poisonous tree doctrine will kick in.
Aggressively seek to block harmful evidence from being used against you in your criminal case
Even when the evidence seems stacked against you, there may still be strong criminal defense options at your disposal. This includes evidence suppression. But you have to have compelling legal arguments to support a request to suppress evidence, which means you have to understand the law and how it applies to your set of circumstances. That’s why many individuals who are charged with a criminal offense choose to seek out guidance from their criminal defense attorney who can advise and guide them in a way that allows them to make fully informed decisions that aim to protect their freedom and their future.