The Fourth Amendment to the US Constitution protects people against “unreasonable searches and seizures” and requires that police have “probable cause” to obtain a warrant. Police do not always adhere to these rules, however, and prosecutors may attempt to introduce evidence obtained through an unlawful search. In these situations, a skilled criminal defense attorney can file a Motion to Suppress Evidence asking the judge to exclude illegally obtained evidence.

Justin Campbell is a criminal defense attorney in Washington State. From his offices in Anacortes, he represents people charged with crimes in Skagit, San Juan, and Island Counties. With a background in tax and accounting, Justin applies an analytical approach to criminal defense and believes meticulous preparation is key to achieving superior results. He has been practicing law in northwest Washington since 2009 and is well-known and highly regarded for his professional approach to criminal defense and the outstanding results he achieves on behalf of his clients.

Understanding the Fourth Amendment

The Fourth Amendment protects people against “unreasonable searches and seizures”’ in their “persons, houses, papers, and effects.” It requires that police have a warrant and probable cause to believe a search will uncover evidence of a crime. To establish probable cause, a police officer must submit an affidavit to a judge that describes the officer’s observations or information obtained from confidential informants that explains why they believe a crime has occurred. If the judge finds probable cause exists, they will issue a warrant authorizing the police to search a specific location for specific evidence.

What Is Probable Cause?

To lawfully conduct a search, police must prove to a judge they have probable cause to believe a crime occurred. “Probable cause” refers to a police officer’s belief that a crime has been committed. To establish probable cause, police officers must be able to identify specific facts and circumstances that cause them to believe a crime has occurred. Once the police have established probable cause and a judge has issued a warrant, the police are authorized to perform a search and make an arrest, and prosecutors have sufficient legal grounds to bring criminal charges.

When Is a Warrant Required?

The Washington State Constitution provides robust privacy protections, stating that “no person shall be disturbed in his private affairs, or his home invaded, without authority of law.” This provision offers greater protection than the Fourth Amendment and applies to homes, vehicles, and other constitutionally protected areas.

For a search warrant to be granted, a judge evaluates the “totality of the circumstances” and the likelihood of law enforcement finding evidence of a crime. If there is insufficient evidence to support the request for a search warrant, the request should be denied.

Exceptions to the Fourth Amendment

There are certain exceptions to the search warrant requirement. These exceptions allow law enforcement to enter private property or conduct a search without a warrant. In these cases, the State must prove there were no less invasive means available to prevent the destruction of evidence.

Consent

Police do not need a warrant if the suspect consents to the search. This is one reason criminal attorneys advise their clients never to consent to a search of their property.

Plain Sight

Police can lawfully search an area that is plainly visible, meaning the officer can see it without searching.

“Stop and Frisk”

Police can “stop and frisk” someone they believe is illegally carrying a firearm. Evidence obtained is admissible in court even though the officer did not have a warrant.

Exigent Circumstances

Police do not need a warrant if waiting would endanger lives or lead to the loss or destruction of evidence. Common examples are if police are pursuing a suspect or believe a suspect would flush drugs down the toilet.

Searches Incident to Arrest

A search incident to a valid arrest is permitted to prevent the destruction of evidence or locate weapons. However, the scope of such searches is limited, and they must be directly related to the arrest.

Suppression of Illegally Obtained Evidence

When evidence is obtained unlawfully, your defense attorney can file a Motion to Suppress Evidence asking that it be excluded from consideration in your case. Known as the Exclusionary Rule, this principle deters law enforcement from conducting unlawful searches and seizures. Similarly, the court can exclude evidence derived from an unlawful search or seizure as “fruit of the poisonous tree.”

The Evidence Was Excluded. Is My Case Dismissed?

A common misconception is that if your Motion to Suppress Evidence was successful, your case will be dismissed. In this instance, even though the unlawfully obtained evidence is excluded and cannot be considered, the prosecutor can still move forward with the case. However, they might have a more difficult time securing a conviction without the unlawfully obtained evidence. This can pave the way for fruitful plea negotiations and a substantial reduction in the severity of the charges or the penalties you could face.

Charged with a Crime? Contact the Campbell Law Firm Today

If you were arrested and charged with a crime, you need experienced legal representation. Justin Campbell is a seasoned trial attorney with over a decade of experience defending people charged with crimes in Washington State.

Contact the Campbell Law Firm by calling (360) 588-4111 or emailing info@lawjrc.com today to schedule a free and confidential appointment to discuss your situation and how we can assist you.