What is an illegal search and seizure?

When a police officer conducts an illegal search and seizure, the evidence obtained as a result of the illegal search cannot be used against you. This usually results in a dismissal of the case if no other evidence exists to support a conviction. This theory of excluding evidence is called the fruit of the poisonous tree doctrine. This means that any evidence obtained after an illegal search or seizure, including evidence and statements made after Miranda warnings, are “tainted” by the poison of the illegal search and seizure or arrest.

Only evidence that is seized legally can be used against you. Although this concept seems pretty simple, the constitutional interpretations of search and seizure laws vary by state law and federal law, and even more so by factual circumstances. Some states actually provide more protection from illegal search and seizures than the Constitution.

State Laws About Illegal Search and Seizure

Within states, appellate courts are broken up into regions. An appellate court is the court that will decide your appeal if you are convicted, and review the trial court’s decisions regarding your allegations of an illegal search and seizure. Even within a state, different appellate courts can conflict on what they consider to be illegal with regard to searches and seizures.

For example, the issue related to drug dogs and whether a dog sniffing your belongings qualifies as a search has been contested within several appellate courts. If you are pulled over, the police may decide to request the assistance of a K-9 handler. The handler will bring out a dog to sniff around your car to see if drugs are or have been present in the car. If the dog “alerts,” then the police officer has probable cause to conduct a car search. This issue arises in the length of time you should be required to wait for the drug dog.

Every court agrees that the length of the detention should not be “unreasonable.” Some appellate courts will review what is unreasonable on a case by case basis. Other appellate courts say that having to wait longer than twenty minutes for a drug dog to arrive is per se unreasonable, and have suppressed seizures that involved unreasonably long waits.

Search and Seizure Law Exceptions

Even if an initial search and seizure is deemed illegal, it does not automatically mean that you win. Search and seizure laws do have exceptions. The most notable one is the “doctrine of attenuation.” The idea is that even if the search and seizure was illegal, it doesn’t really matter because the cops would have still discovered the evidence. Essentially, if something breaks the “taint” of an illegal search, then the evidence can still be used.

Continuing with the example above, if it takes the police officer an hour to get a drug dog to your car, there is a fairly good chance that the seizure and subsequent search of your car will be deemed illegal. If a car search reveals a marijuana stash the police officer will place you under arrest. If cocaine is later found in your pocket, it should also be suppressed. However, if there was an outstanding warrant for your arrest at the same time, many courts will hold that even though the marijuana doesn’t come in (because it was the result of an illegal search and seizure), the cocaine will because, once the officer ran your criminal history, he would have learned of the warrant, placed you under arrest, and found the drugs. Basically, no harm no foul.

Case Studies: Leveraging Insurance Coverage for Illegal Search and Seizure

Case Study 1: Civil Rights Liability Insurance for JusticeGuard Insurance Company

JusticeGuard Insurance Company specializes in providing civil rights liability insurance to law enforcement agencies. In a recent case, the police department of Citywide Town conducted an illegal search and seizure, violating the constitutional rights of a suspect. As a result, the evidence obtained during the illegal search was deemed inadmissible, leading to the dismissal of the case.

However, the suspect filed a civil lawsuit against the police department for the violation of their rights. Fortunately, Citywide Town had obtained civil rights liability insurance from JusticeGuard Insurance. This insurance coverage protected the police department from the financial repercussions of the lawsuit, covering legal defense costs and potential damages awarded to the plaintiff.

Case Study 2: Professional Liability Insurance for Legal Defense Firm, ProDefend

ProDefend, a prominent legal defense firm, represents clients who have been subjected to illegal search and seizure by law enforcement agencies. One of their clients, John Doe, was unlawfully searched during a routine traffic stop, resulting in the discovery of contraband. ProDefend successfully argued that the evidence should be suppressed due to the illegal search.

However, the client decided to file a professional negligence claim against ProDefend, alleging inadequate legal representation. Fortunately, ProDefend had professional liability insurance in place from SecureLaw Insurance. This insurance coverage provided financial protection to ProDefend, covering legal defense costs and any potential damages awarded to the client, ensuring the firm’s continued operations and reputation.

Case Study 3: Errors and Omissions Insurance for Private Investigation Agency, Elite Detectives

Elite Detectives is a renowned private investigation agency that specializes in assisting clients who have experienced illegal search and seizure incidents. In a recent case, Elite Detectives was hired to investigate a potential case of illegal search and seizure by a local law enforcement agency.

During their investigation, they uncovered significant evidence proving the violation of their client’s constitutional rights. However, the agency faced a legal malpractice claim from the client, alleging that Elite Detectives failed to adequately gather evidence.

Fortunately, Elite Detectives had errors and omissions insurance from InsurePro. This insurance coverage protected the agency by covering legal defense costs and potential damages, allowing them to continue their operations and maintain client trust.

Getting Help

Search and seizure laws have historically remained the same. However, it is the appellate interpretations of those laws which are constantly changing. If you are thinking about challenging a car search that you feel was illegal, consult with a criminal defense lawyer in your area. A criminal defense lawyer can review the circumstances of your arrest compared to the current version of search and seizure case law in your jurisdiction to help you win a motion to suppress.