What should I do if I was arrested after an illegal search?

If you’re arrested following an illegal search, try to remember all of the details of the event, and later, write down exactly what happened and provide those notes to an attorney. Your attorney can help you develop a basis for a civil lawsuit which could provide you with monetary damages. In addition, if you file a civil suit after being arrested following an illegal search, you will likely need to present the name of the police officer and law enforcement agency involved.

After the arrest, you should request to speak to an attorney as soon as possible. You may choose to state that you think the search and subsequent arrest were illegal. After you have made your requests and statements about the illegal search, you have the right not to say anything further to the police. If you speak to the officers who arrested you, you do not have to explain why you believe that the search and arrest are illegal. Keep in mind that when you communicate with police officers, you are providing them with information that can result in self-incriminating statements.

When you speak to your criminal defense attorney, explain your side of the alleged illegal search and the events that occurred before the arrest. Your attorney will use these details to research similar cases, and to conclude whether or not your situation will be considered an illegal search. If it was an illegal search, your attorney can then motion the court to dismiss the case or to suppress the evidence recovered from the search.

Regardless of your views on what constitutes an illegal search, you should not physically resist if you are arrested. Often times, people in the middle of being arrested don’t have a clear head or enough information to determine whether the arrest is lawful. If you’re arrested for lawful reasons, and not because of an illegal search, then any action you take in resisting arrest is a criminal offense.

Case Studies: Arrested After an Illegal Search

Case Study 1: Unlawful Search During Routine Traffic Stop

John Smith was driving home when he was pulled over by a police officer for a minor traffic violation. During the stop, the officer claimed he smelled marijuana and proceeded to search John’s vehicle without obtaining consent or presenting a valid reason for the search. The officer found a small amount of marijuana and arrested John on drug possession charges.

However, John’s defense attorney argued that the officer’s search was unjustified and violated his Fourth Amendment rights. The court agreed, and all evidence obtained from the illegal search was suppressed. As a result, the drug possession charges against John were dropped.

Case Study 2: Flawed Search Warrant Execution

Mary Johnson’s house was searched by the police based on a search warrant they obtained from a judge. However, the warrant contained incorrect information about the location to be searched, leading the police to enter the wrong house. During the search, the officers discovered what they believed to be stolen goods and arrested Mary.

Upon realizing the error, the police immediately released Mary, but the incident caused significant distress and harm to her reputation. Mary sought legal representation, and her attorney filed a civil lawsuit against the police department for unlawful search and false arrest. The case settled out of court, and Mary received compensation for the emotional distress and reputational damage she endured.

Case Study 3: Illegal Search of Business Premises

Jane Adams was the owner of a small retail store. One day, law enforcement officers arrived at her store and claimed they had information about stolen goods being sold on the premises. Without presenting a search warrant, the officers proceeded to search the store and found some items they suspected were stolen. Jane was arrested and charged with possession of stolen property.

However, Jane’s attorney investigated the situation and discovered that the officers had not obtained a valid search warrant and had no credible information to justify the search. The defense attorney filed a motion to suppress the evidence, arguing that the search was illegal and violated Jane’s Fourth Amendment rights. The court agreed, and all evidence obtained during the search was deemed inadmissible. As a result, the charges against Jane were dismissed, and she was exonerated of any wrongdoing.