Your loved one’s arrest might leave you worried about their future, especially if the police seized incriminating evidence after a search. But regardless of how overwhelming that evidence may seem, your loved one could still have effective criminal defense strategies at their fingertips. This includes addressing the legality of the search and seizure that was conducted, which could lead to dismissed charges or an acquittal.
What issues arise with search warrants and warrantless searches?
Most searches require a warrant that is supported by probable cause. In some instances, though, the police can rely on one of a number of exceptions to the warrant requirement. Let’s look at errors the police make when obtaining warrants and conducting searches, which you could use to your advantage in a criminal defense:
- The warrant was obtained on false pretenses or misconstrued information, thereby giving the judge who approved the warrant an unrealistic understanding of the circumstances in play and as a result based the warrant on something less than probable cause.
- The search was conducted on a hunch rather than on a valid exception to the warrant requirement.
- The search went beyond the scope of a validly issued warrant or the relied upon exception to the warrant requirement.
- An exception to the warrant requirement was utilized after an illegal traffic stop.
- Consent to a search is coerced.
- The justification for a warrantless search doesn’t meet legal requirements.
Help your loved one find an effective criminal defense
Your loved one’s future is on the line when they’ve been arrested for criminal wrongdoing. While they’re focused on coping with the stressors associated with their case, you can assist them in finding a persuasive criminal defense strategy that aims to protect their rights, their interests, and their future. If that’s something you’d like assistance with, then consider what it’ll take to make you and your loved one comfortable moving forward with the case at hand.