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How to Exclude Evidence if Search Warrant is Unlawful?

We’ve covered in great detail the many aspects that go into law enforcement obtaining and executing search warrants and what exactly unlawful searches are. While you may be able to remember and recite all of those important questions regarding lawfulness when being served with a search warrant, you should also remember that unlawful searches are often carried, and evidence against you could be found as a result.

So, what happens if you’re on the receiving end of an unlawful search? What comes of the evidence found through that search? How do you get that evidence thrown out? In addition to having sage legal counsel, there are a couple of aspects to consider when it comes to illegally obtained evidence against you.

 Lack of Probable Cause and an Abundance of Lies

Remember those affidavits we covered? In addition to the alleged crime spelled out in the affidavit, there needs to be probable cause, or a reasonable basis for believing that a crime may have been committed. A search warrant without that and any evidence collected as a result completely violate your Fourth Amendment right, as does an all-out lie from a police officer. We’re not talking about a mistake, but an actual lie that law enforcement used to collect evidence from you in an alleged crime. It happens, and the onus is on you and a competent attorney to make that lie known.

Does protesting this lack of probable cause or law enforcement lies when the unlawful search is conducted mean the search will end and any evidence will be placed back where it was found? No.

These unlawful searches with no probable cause or misinformation are unfortunately carried out often. It’s best practice to reach out to your experienced criminal defense attorney who will begin the process of excluding that illegally obtained evidence against you.

Fruit of the Poisonous Tree

We’ve established that unlawful searches of people and property happen all of the time, which now begs the question of how to remedy the situation and keep that information or illegally obtained evidence out. Thanks to our Fourth Amendment right and Texas’ Exclusionary Rule, an experienced criminal defense attorney cannot only get the search warrant deemed unlawful, but the illegally obtained evidence will be inadmissible. As well, the evidence that the government obtained in violation of your constitutional rights.

There are, of course, exceptions to rules and much to cover with warrants and evidence collection that all play a factor in the success of any criminal case. 

If you have any questions about search warrants or any criminal matters, we encourage you to reach out to one of our experienced criminal defense attorneys at Peek & Toland.

Continue to follow us on social media, where we cover the aspects of criminal defense that are key to preserving your freedom and the criminal justice system’s integrity.

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