Criminal Defense Lawyers

Getting Evidence Thrown Out in Your Federal Case Due to an Improper Search

Getting Evidence Thrown Out in Your Federal Case Due to an Improper Search

If you’ve been charged with a federal crime, one of the most important things you can do is look into whether any of the evidence against you was obtained illegally. Evidence obtained through an improper or warrantless search could potentially be suppressed, or thrown out, under the exclusionary rule. This means it could not be used against you in court.

Let’s take a closer look at how this works and what your options are if you believe the police violated your Fourth Amendment rights.

The Exclusionary Rule

The Fourth Amendment protects us from unreasonable searches and seizures. This means the police need a warrant to conduct a search, with some limited exceptions. If they don’t have a warrant or the search doesn’t fall under an exception, any evidence found may be excluded under the exclusionary rule. This rule acts as a deterrent to police misconduct by taking away the incentive to conduct illegal searches.

There’s a lot of case law on what constitutes an improper search, but some examples include:

• Searching your home or property without a warrant
• Exceeding the scope of a search warrant
• Searching based on incorrect information on the warrant application
• Searching after an arrest without probable cause

If any evidence was obtained this way, your attorney can file a motion to suppress that evidence. This means asking the judge to exclude it from your trial.

How Suppression Motions Work

Suppression motions are very common in federal criminal cases. The process generally works like this:

1. Your attorney will file a motion outlining the reasons why the search was illegal and asking the court to suppress the evidence.
2. The prosecution will file a response arguing that the search was proper and legal.
3. The judge will hold a suppression hearing, which is like a mini-trial, to listen to arguments from both sides.
4. In the hearing, the burden is on the prosecution to show that the search was constitutional by a “preponderance of the evidence.”
5. If they cannot meet this burden, the judge will grant the motion and exclude the evidence from trial.

Some key things to know about suppression hearings:

• You may have to testify about the circumstances of the search or your interaction with police.
• The officer who conducted the search will also probably have to testify.
• It comes down to credibility – if the judge believes the officer over you, they’ll likely deny the motion.
• Even if the motion is denied, it still gives your attorney insight into the prosecution’s case and the officer’s credibility as a witness.

When Might a Search Be Deemed Improper?

There’s a lot of nuance when it comes to determining if a search passes Fourth Amendment muster. But generally, a search could be improper if:

• Police searched without a warrant when one was required
• The warrant was based on an inadequate affidavit lacking probable cause
• Police exceeded the scope of the warrant
• They conducted a warrantless search without consent or exigent circumstances

For example, in one case, officers used thermal imaging to detect heat from marijuana grow lights inside someone’s home without a warrant. The Supreme Court said this violated reasonable expectations of privacy under the Fourth Amendment and excluded the evidence.

In another case, officers searched a suspect’s cell phone without a warrant after his arrest. The court suppressed the evidence because searching cell phone data requires a warrant in most cases.

As you can see, the particular facts really matter. An experienced federal criminal defense lawyer can analyze the case and identify potential suppression issues.

Getting a Lawyer’s Help

If you believe evidence in your federal case was obtained illegally, don’t wait to take action. The sooner you consult with a lawyer, the more time they’ll have to file a suppression motion before trial.

An attorney can request discovery from the prosecution to get more details on the search, analyze whether it violated your Fourth Amendment rights, and build the best argument for suppression. This can get extremely complex, especially when it comes to digital evidence from cell phones and computers.

While you can file a suppression motion yourself, having an experienced lawyer in your corner makes all the difference. Federal judges and prosecutors tend to be quite sophisticated, so you want someone equally knowledgeable arguing your side.

Getting illegally obtained evidence thrown out could seriously weaken the prosecution’s case against you. In some instances, they may no longer have enough to proceed at all. Protecting your rights through a suppression motion should be a top priority.

Sources: The Exclusionary Rule, Exceptions to the Warrant Requirement