Law enforcement may conduct a search and seizure of a home, vehicle or property to collect incriminating evidence. There are a few legal ways the police can conduct a search and seizure, including:
- Permission from a property owner or resident
- Court-ordered warrant with specific details of the search
- After a lawful arrest
- With probable cause there is evidence
- If the police reasonably believe a search is necessary for their protection
Under the Fourth Amendment, U.S. citizens are protected from unreasonable search and seizure. This means that the police may violate an individual’s Fourth Amendment rights if they search a property without taking the proper legal steps. If an unreasonable search goes to trial, the evidence collected could be considered “fruit of the poisonous tree.” Here is what you should know:
The Fourth Amendment’s exclusionary rule
The Fourth Amendment has an exclusionary rule that is meant to deter police misconduct, including the seizure of evidence during an unreasonable search. An unreasonable search can happen if the police, for example, force their way into a home, make an unlawful arrest or search private property beyond the scope of a warrant.
If a defendant can prove that evidence was collected through the violation of a constitutional right, said evidence could be excluded from a criminal case. The fruit of the poisonous tree is a legal concept that, essentially, means that illegal police conduct tainted evidence.
Proving that incriminating evidence was illegally obtained could protect a defendant from serious criminal charges. The violation of a defendant’s civil rights could lead to civil litigation. Defendants may need to reach out for legal help to learn what to do in such a situation.