How Search and Seizure Laws Can Affect Your Criminal Case

Constitutional search-and-seizure protections arise in virtually any criminal case in which police find evidence, including traffic stops, home searches, and Terry stops. Police and investigator compliance with search and seizure laws can make or break your case, although few people know when the government has crossed the line. At Parker & Bain, LLC, our Gaffney criminal defense lawyers are prepared to review your case and take any appropriate actions if there have been any violations of your Constitutional rights.

What are the Requirements for a Legal Search?

The Fourth Amendment of the U.S. Constitution provides citizens the right  to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Both the Fourth Amendment and Article I, Section 10 of the South Carolina Constitution prohibit police officers from searching your home, vehicle, or personal belongings without a valid search warrant based on probable cause. A valid search warrant must detail the places to be searched and the items to be seized.

Because the South Carolina Constitution bars “unreasonable invasions of privacy,” South Carolina courts interpret it as offering broader privacy protection than the U.S. Constitution. Also, the courts have been protective of curtilage (the area immediately around a home), giving the defense extra footing to argue for suppression of evidence. However, there are exceptions to the law that would allow law enforcement to search without a warrant.

Common Exceptions Police Rely On

Consent

Police can bypass the warrant requirement if you or someone with authority over the property agrees to the search.

Plain View

An officer may conduct a warrantless search if they see contraband in plain sight. However, three factors must exist:

• The officer must be lawfully present in the place where the evidence is viewed
• The officer must be legally able to access the item
• The incriminating character of the evidence must be readily apparent

Search Incident to Arrest

Police are legally permitted to search your person and immediate vicinity after a lawful arrest. This is done to ensure officer safety (if the arrestee has a concealed weapon on their person) and to preserve evidence. The law is more restrictive regarding vehicle searches, as police can only search a vehicle incident to arrest if the arrestee could reach into it, or if it’s reasonable to believe that evidence related to the arrest is inside.

Automobile Exception

Cars can be searched without a warrant if police have probable cause that evidence of a crime is present in your vehicle.

Exigent Circumstances

Suppose there is a risk that evidence will be destroyed, the police are in hot pursuit of a criminal suspect, someone’s life is at risk, someone needs medical attention, or if there is any other exigent circumstance. In this case, the police may bypass the warrant requirement. However, each exigent circumstance comes with limits, which South Carolina courts check to prevent abuse of the system.

Stop and Frisk (Terry Stop)

Police officers have a right to briefly detain and pat down a person for weapons if they have reasonable suspicion that a person has committed, is committing, or is about to commit a crime. Known as a stop-and-frisk, this exception was established in the Supreme Court decision Terry v. Ohio, 392 U.S. 1 (1968) (hence the term “Terry stop”). However, the police can only conduct a pat-down of a suspect’s outer clothing, nothing further.

Why It Matters for Your Case

While illegally obtained evidence doesn’t automatically end a criminal case, it can certainly work in your favor. If a search or seizure violated your Constitutional rights, the evidence obtained can potentially be discarded under the exclusionary rule. Further, any evidence obtained illegally will also be discarded under the fruit of the poisonous tree doctrine. To exclude this evidence at trial, a criminal defense attorney will file a motion to suppress prior to trial. If this evidence were central to the prosecution’s case, your criminal charges may be reduced or dismissed based on the gravity of excluding such information.

Speak with Our Gaffney Criminal Defense Attorneys Today

At Parker & Bain, LLC, we evaluate every criminal search based on its specific facts, including where it happened, what led up to it, and what evidence or information was found. Since motions typically need to be raised before trial, our legal team is prepared to take the necessary action within limited timeframes. By developing a well-crafted defense strategy, our team of professionals works to help you achieve the best possible outcome. To arrange your free consultation with one of our Gaffney criminal defense lawyers, contact us online or by phone at (864) 252-2650 today.