Tag Archives: illegal search

Naperville criminal defense attorney

If you are arrested on suspicion of a crime, police officers will likely want to perform a search and seize any evidence which could be used against you. However, they must follow the laws when doing so. If you believe your rights have been violated by an illegal search and seizure, you should seek legal counsel immediately. The laws can be complicated, and there is often a fine line between what police can and cannot do when it comes to searching and/or taking your property. Even if the police found and seized drugs or other illegal contraband from your property or person, you may be able to have that evidence suppressed if it was not legally obtained. The Fourth Amendment protects you from unreasonable searches and seizures, and an experienced attorney can determine whether your rights have been violated.

What Is Search and Seizure?

A “search” is a means through which government officials (usually police officers) go through a person’s house, vehicle, documents, and more, looking for evidence of illegal activity. In general, police will need a warrant to search a home or a car, but they can sometimes get around this if they have “probable cause.”

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When Law Enforcement Plants Evidence in a Crime SceneIn the spring of 2016, a former Kenosha police officer pleaded guilty to felony charges stemming from planting evidence the year prior, according to Fox6Now. He had planted a bullet and ID card in the backpack of a murder suspect in 2014. The officer, who resigned in 2015, was charged with failing to perform known duty and misconduct in office. Fortunately, in this scenario, the officer was caught and his actions did not send an innocent person to prison, which is not always the case.

False Evidence

False evidence is anything that has been created or forged for the purpose of incriminating a suspect. However, the use of fabricated evidence goes both ways. False evidence can also be used to help “prove” a defendant’s innocence. False evidence may be created by the police, an attorney, or anyone else that wishes for a decision to be made in their favor.

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