How Search and Seizure Rules Can Impact a Delaware Criminal Case

One of the most significant protections afforded to U.S. citizens is the guarantee that you are free from unreasonable searches and seizures. In Delaware criminal cases, a breach of these laws can result in a weakened case for the prosecution, in some cases, even to the point that the charges are completely dismissed.

Understanding the laws regarding search and seizure can provide some insights into why these laws are a focal point in criminal defense cases. 

The Fourth Amendment and Delaware law 

The Fourth Amendment provides protection to individuals from unreasonable searches and seizures by law enforcement officers. In most cases, police officers need to obtain a valid search warrant to search a person, vehicle, home, or electronic device.

Delaware courts strictly scrutinize whether police officers complied with the constitutional requirements during searches. When police officers bend the rules or exceed their authority, the evidence they obtain might not be admissible in court.

When can police search without a warrant? 

While warrants are the norm, there are special circumstances that allow warrantless searches. These are the exceptions to the rule. The most common cases of warrantless searches include:

• Consent searches, in which an individual will allow a police officer to search them or their car
• Searches incident to an arrest, whereby the police are entitled to search an individual for weapons or evidence
• Vehicle searches, whereby the police have probable cause that the vehicle contains evidence of a crime
• Exigent circumstances, whereby there is an emergency situation that can cause the destruction of evidence, or an individual is in peril

Traffic stops and vehicle searches

One of the most common situations in search and seizure cases is traffic stops. While police may stop a vehicle for a traffic violation, they do not automatically have a right to search your vehicle.

The police may request consent, probable cause, or a legitimate reason to initiate a search. Prolonging a traffic stop or a search based merely on a police hunch can violate your constitutional rights.

Suppressing illegally obtained evidence

If evidence is obtained through an unlawful search or seizure, a defense attorney can file a motion to suppress. This legal motion asks the court to exclude the evidence from the trial.

Suppression can be case-changing. Without key evidence, such as drugs, weapons, or statements, the prosecution might not be able to prove its case beyond a reasonable doubt.

Courts evaluate suppression motions by examining police reports, body camera footage, dash cam video, and testimony. Even small inconsistencies can matter.

Why search and seizure issues matter early

Search and seizure issues tend to be apparent early in the case, and therefore, timely legal representation in these matters is very important. The sooner the facts of the case can be reviewed by an attorney, the more effectively that attorney can contest police misconduct.

The issues tend to be very technical and fact-specific. Something that appears to be legal and above-board can, in fact, be unconstitutional.

Talk to a Wilmington, DE, Criminal Defense Attorney Today

The Law Office of Michael W. Modica represents the interests of Wilmington residents who are facing serious criminal charges. Call our Wilmington criminal defense attorneys today to schedule an appointment, and we can begin discussing your next steps right away.