Illegal Search And Seizure

Interviewer: Let’s talk about illegal search procedures, and no warrants. Now, police are generally aware about search and seizure laws and search warrants. Would you say that sometimes a police officer tries to utilize a system of interrogation, or some sort of pressure or coercion? Now, if you found out in a case that there was an illegal search, would that help the case?

John Reade: Yes. You can file what is called a motion to suppress. Basically, a motion to suppress says, “Judge, the police officer violated my client’s federal and or state constitutional rights and because of that, you should not allow the prosecution to introduce any of the evidence that was obtained in violation of my client’s federal and or state constitutional rights.” If important evidence cannot come in then usually a prosecutor’s case falls apart because without the evidence, the prosecutor cannot prove the charge(s) beyond a reasonable doubt.

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