You’ve been charged with a crime and now you are trying to set up your defense. You should be working with a great defense lawyer who can help
explain the process to you and provide you a well thought out defense. It is important to also understand your rights. While the legal
authorities should be doing everything by the law, sometimes it doesn’t happen the way it is supposed to. When the authorities mess up, this
could be great for your defense. Illegal searches can have a major effect on your defense as long as you know how to handle it. Work with a
lawyer
to determine how this affects your defense.
Investigating
When you are being investigated by the authorities, you expect a certain amount of privacy. If the authorities turn the investigation into a
search while you expect some privacy, this can be considered an illegal search. They must also have a search warrant available if they plan to
do a search.
A search warrant must be provided by a magistrate or judge authorizing the search. Without this, the authorities would have no right to search
your property. If they continue to search without a warrant, it is considered an illegal search. Anything they find is likely to be thrown out
of court which can help in your defense. There are a few exceptions to the search warrant rule. If the authorities believe that there is
evidence on site that a crime has occurred and it can be found in specific spot, then the judge will likely allow the evidence in court.
Permissions
When the police do have a warrant, they do not need permission to search your property. Some search warrants are more specific than others.
Not all search warrants allow the authorities to search the entire property. For example, the search warrant could state that the authorities
are only allowed to search the garage. This means that the authorities only have permission to search in this area. Should they suspect that
evidence is being tampered with in another area, they could have probable cause allowing them to search other areas. Another exception is that
if the authorities spot evidence in plain sight, they are able to collect it.
Illegal
If you have asked the authorities for a search warrant and the authorities cannot provide one, you must notify a defense lawyer immediately.
It is important to get assistance right away so your rights are protected. A good defense lawyer will be able to find out on what grounds the
authorities have to search your property.
Should your lawyer find out that the search was illegal, it is important that you set up your defense differently than if the search had been
legal. You need to explain all the facts of the case to your lawyer so they can better defend you during the trial. With an illegal search, it
is possible that your case could be dismissed.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte
School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and
criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her
husband Michael and her golden retriever, Buster.