Search and Seizure in Criminal Cases: When Is Evidence Thrown Out?
Drug charges can carry severe penalties in Illinois, but the prosecution must play by the rules when gathering evidence. Illegal searches and seizures violate your constitutional rights and can result in critical evidence being excluded from your case. This can mean the difference between conviction and dismissal.
At the Law Offices of Richard Waller, we know how to spot violations in search and seizure procedures and fight to protect your rights. Understanding when evidence can be thrown out is essential if you’re facing drug charges.
What Is a Search and Seizure?
Search and seizure refers to law enforcement officers searching a person, their property, or their vehicle and confiscating evidence. The Fourth Amendment protects you from unreasonable searches and seizures, requiring officers to have a warrant or a valid exception.
When Is a Search Legal?
Police must generally have a search warrant issued by a judge based on probable cause. However, there are important exceptions:
Consent: If you voluntarily consent to a search, it is legal—even without a warrant.
Search Incident to Arrest: Officers can search your person and immediate surroundings after a lawful arrest.
Plain View: If illegal drugs are in plain sight during a lawful stop, police can seize them.
Exigent Circumstances: In emergencies where evidence could be destroyed, police may search without a warrant.
Vehicle Searches: Police may search your vehicle if they have probable cause to believe it contains evidence of a crime.
When Can Evidence Be Thrown Out?
Evidence obtained through an illegal search or seizure can be suppressed, meaning it cannot be used against you in court. Common reasons for suppression include:
No Warrant or Probable Cause: Police searched without a warrant or failed to establish probable cause.
Invalid Consent: Consent was coerced, or the person consenting lacked authority.
Search Beyond Scope: The search exceeded the terms of consent or the arrest.
Failure to Read Miranda Rights: If statements or evidence are gathered during custodial interrogation without a proper Miranda warning, they may be suppressed.
How Does Suppression Help Your Case?
If key evidence like drugs, paraphernalia, or incriminating statements are thrown out, the prosecution’s case can weaken or collapse entirely. This can lead to:
Case Dismissal: Without critical evidence, charges may be dropped.
Reduced Charges: Less evidence can mean lesser offenses or penalties.
Better Plea Deals: Stronger negotiating position for reduced sentences.
Why You Need an Experienced Criminal Defense Attorney
Challenging search and seizure violations requires legal expertise and a deep understanding of Illinois criminal procedure. The Law Offices of Richard Waller will:
Investigate the circumstances of your arrest
Identify violations of your constitutional rights
File motions to suppress illegally obtained evidence
Fight to protect your freedom at every stage
Contact the Law Offices of Richard Waller Today
If you’re facing drug charges or believe your rights were violated during a search, contact us immediately. Early legal intervention is key.
Call: (847) 790-4042
Email: richard@wallerlawoffice.com
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