Illegal Search

The Fourth Amendment of the United States Constitution protects citizens from illegal searches of their homes, property, and belongings.   The founders of our country believed that “each man’s home is his castle” secure from unreasonable searches.    The founder’s belief in this notion was so strong that they included it in the Bill of Rights by way of the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.  IV Amendment, United States Constitution

For decades, both Georgia courts and Federal courts have wrestled with the language of the Fourth Amendment, and whether the actions, procedures, or techniques used by police officers constitute an illegal search.  Questions of illegal searches and Fourth Amendment questions come into play in almost every facet of criminal defense.  From drug cases to murder, the issue of whether the search is legal is almost certainly going to be an issue for a lawyer to explore.   So where do you start?  How do you know if you have been subjected to an illegal search?   This article will lay out the broad areas to explore.  While we will cover some topics, not every issue can possibly be included in one blog post.  It’s important to consult with an attorney about any possible illegal searches that occur in your case.

HOW DID THE POLICE GET THERE?

The starting point for every illegal search is whether the police officer/s had a lawful reason to be our client’s home, car, or the area being searched.   If the case involves a traffic stop, then we look to see whether the Officer had a lawful reason to pull our client over.   On the other hand, if the police obtain a search warrant for a residence, then we examine the search warrant affidavit to see if the Judge was presented with accurate information for the issuance of a warrant or whether the warrant is sufficient on its face.   Nevertheless, it’s critical to first determine how the police make initial contact with our client and for what purpose because it can mean the difference between the evidence being included at trial or a case being dismissed.

WAS THERE PROBABLE CAUSE TO SUPPORT THE SEARCH?

Probable cause is a legal term of art.   It is often the basis of courtroom debate on the actions of a police officer during an illegal search.   Black’s Law Dictionary defines probable cause as:

“A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.”

Seems easy on its face, but as we have seen over the years, it’s never quite that simple.  Probable cause is ultimately the hurdle that the State must clear in order to survive a motion to exclude evidence obtained in an illegal search.   Every case, whether it be a DUI or a drug trafficking case, presents different scenarios in which Georgia courts have set limits on techniques used by police officers.   We could go on for days on the different types of searches that courts have found lacked probable cause.   Unfortunately, it would take years to cover every possible situation.  SO, I can say that the question of probable cause is critical in almost every case and a lawyer who is trained on the different circumstances and know the law can certainly assist in determining if an illegal search has occurred your case.

WHAT HAPPENS TO MY CASE IF THE POLICE ILLEGALLY SEARCHED ME OR MY PROPERTY?

The fruit-of-the-poisonous-tree doctrine is the rule that prevents evidence that has been illegally obtained by police officers to be introduced by the State at trial.   If you have a drug case and the police found the drugs as a result of an illegal search, then the evidence obtained in that illegal search is excluded at trial.  On the other hand, if the evidence obtained from a cell phone, a house, a computer, or even a purse or wallet was found as a result of an illegal search, then it will be excluded at trial.   Once the evidence has been excluded, then the State has to make the determination if they can proceed with their case without the excluded evidence.  If not, then your case may be dismissed.

WHAT I DO NOW?

If you’ve been arrested for any crime in the State of Georgia, call our office today!  Our lawyers are trained on how to examine the State’s evidence to for illegal searches and expose any illegal searches to your benefit.   As you can see above, many of these issues can be complicated and require someone who has the training and experience to attack the State’s case.   If you’ve been arrested call us today at 404-581-0999 for a FREE CONSULTATION.