An illegal search can have a major impact on a criminal defense case. In some situations, it may even mean that certain evidence has to be excluded from court. For example, say that the police want to search a person’s home to look for evidence of criminal activity. Their first option is to ask the homeowner for consent. If they cannot get consent, then they need to get a search warrant. There are some exceptions for emergency situations, but either consent or a warrant is needed in most cases.
If the police cannot get the proper warrant but decide to enter a home anyway, that could constitute an illegal search.
The fruit of the poisonous tree
Performing this search then triggers a legal doctrine known as the fruit of the poisonous tree. This essentially means that when an illegal action is performed by law enforcement officers, it can affect the validity of any evidence they may gather.
In the above example, police officers may have conducted an illegal search and found evidence that would normally lead to a conviction. But because the search was illegal, the fruit of the poisonous tree doctrine may mean that they cannot use that evidence in court. If the officers did not have any other evidence, this may mean that they are not able to get the conviction they were seeking.
As such, if you are facing criminal charges and you believe the police may have violated your rights at some stage of the investigation, it is absolutely crucial that you know exactly what criminal defense options you have and what legal steps to take. This understanding could potentially make or break your case.