Illegal Search-Did the Cop Have a Right to Search Me?
During the period prior, during, and after you are arrested for and charged with possession of drugs, weapons, stolen property, etc., the police will have likely taken part in some search of your person, pockets, car, home or property. The question you may have, is whether it was a lawful search or illegal search. These answers will rise and fall on whether there is a valid exception to the search warrant requirement. If the search was illegal, counsel for the defendant can file a Notice of Motion to Supress the Evidence and challenge the evidence's admissibilty at trial. In some situations, the only evidence that may link you to a crime is the evidence that the Judge just suppressed. In this case, you will have a strong argument for a dismissal of your criminal charges. After this brief introduction, I will discuss the seven various exceptions to the search warrant requirement in seven sub articles over the coming weeks.
