Both the federal and Wisconsin Constitutions contain prohibitions against unreasonable searches and seizures that protect you to an extent in criminal cases. The Fourth Amendment to the United States Constitution guarantees the following:
“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.”
In many circumstances, understanding your rights isn’t enough to protect them. Read on to learn more about the complexities of search and seizure laws and how a skilled criminal defense attorney from Hogan Eickhoff can help you if you think your rights were violated.
Some Searches and Seizures Are Still Permitted
To be clear, the Fourth Amendment does not prohibit all searches and seizures. It does attempt to act as a balance between law enforcement’s rights to investigate a potential crime and your right to be free from an unreasonable search. The key here is the word “unreasonable.” You are only protected from an unreasonable search and seizure.
The keystone requirement is that a police officer conducts a search after previously obtaining a warrant from a magistrate. The police officer would file an affidavit in support of the warrant, which demonstrates probable cause. Although there is no one set legal definition of probable cause, the term has been interpreted by courts to mean that “a reasonably discreet and prudent man would be led to believe that there was a commission of the offense charged, there is probable cause justifying the issuance of a warrant.” The magistrate would then consider whether there is probable cause, and they would determine whether to issue the warrant.
Searches Cannot Go Beyond the Scope of the Warrant
Once the police execute the warrant, they are limited to the search that is described in the document. Law enforcement cannot conduct a search which is overbroad and goes beyond what has already been approved by the court, unless the search leads them in that direction. For example, if the search warrant states that officers can examine the home, they cannot also execute a search warrant for your office. If police go beyond the limitations contained in the warrant, it could be considered an unreasonable search and seizure.
Police May Conduct a Search Without a Warrant in Some Circumstances
Even though there is a requirement in the Constitution for a warrant, there are exceptions to the rule that would allow officers to conduct a search in the absence of one. The police officer may not have the time to go through the court to obtain a warrant when there is a fear that the potential evidence may only be available for a moment. Otherwise, the evidence may be lost by the time that they go to a magistrate who would sign off on the search warrant.
For example, a police officer may have pulled you over. During the course of the traffic stop, the officer may have seen something that could lead them to believe that there is probable cause to believe that a crime was being committed. For example, they may believe that they have seen powder residue on the seat of your car, which would require them to perform a more extensive search of the vehicle. However, the officer may not have an unlimited right to search your entire car. Everything depends on the facts and circumstances of the situation.
You Can Move to Suppress Illegally Seized Evidence
If you believe that you were the victim of an unreasonable search or seizure, your criminal defense attorney would take action to challenge the specific evidence being used in your case in court. They could file a motion to suppress the evidence. The judge would usually consider these motions during the pre-trial stage. If the judge does not allow the evidence to be introduced, it could significantly impact the prosecution’s case against you.
The prosecutor is not allowed to use evidence that was illegally seized at trial. Further, they cannot use any evidence that is considered the “fruit of the poisonous tree.” In other words, if the illegally seized evidence led the officer in an entirely new direction, which led to the seizure of additional evidence, they cannot use any proof that was the result of the initial legal search.
There Are Still Exceptions That Can Allow Illegally Seized Evidence to Be Introduced
However, there are numerous exceptions to the “fruit of the poisonous tree” rule. The prosecutor would likely try to use an argument that shows why the search was not illegal in the first place or that the police officer would have inevitably discovered the evidence even without the illegal search. It is not cut and dry that evidence would automatically be thrown out, even if there was an unreasonable search.
You need to hire a criminal defense attorney as soon as possible, so they can evaluate whether the evidence that law enforcement seized was legally taken and what you may be able to do in response. At some point in your case, the prosecutor would need to share all of the evidence that they intend to use against you in court with your criminal defense lawyer, who would then decide which evidence to move to suppress.
An early and aggressive legal approach could benefit you in plea bargain negotiations if you and your criminal defense attorney decide that it is in your best interests to negotiate with the prosecutor. The prosecutor may realize that you intend to fight, and they could offer a better deal to still win a conviction.
Contact an Appleton Criminal Defense Lawyer Today
If you have been arrested or charged with a crime, you need immediate legal help from an Appleton criminal defense attorney because your legal rights are at risk. The experienced criminal defense lawyers at Hogan Eickhoff can immediately come to your assistance as you navigate the legal system. The first step that you need to take is to call us. You can schedule a free initial consultation with a criminal defense attorney by visiting our website or by contacting us today at (920) 450-9800. You can trust our team to provide expert defense for felonies, misdemeanors, sex offenses, domestic violence, property crimes, drug offenses, and violent crimes.