According to statistics from the Crime in Pennsylvania Dashboard, in 2022, there were 312,358 total criminal offenses statewide. When the police suspect a person of committing a crime, they may search the accused person's home, vehicle, or personal property to obtain and seize evidence relating to the crime. It is vital to note that how a search and seizure is carried out will determine if any evidence obtained during the search is admissible in court.
At The Law Offices of John Della Rocca, I can determine if the search and seizure was legal and justified. Also, as a knowledgeable Pennsylvania criminal defense attorney, I can tell you about the state's search and seizure laws and strategize the best way to help fight your charges. My firm proudly serves clients across Philadelphia, Delaware County, Chester County, and Montgomery County, Pennsylvania, as well as communities throughout New Jersey.
Your Rights Under the Fourth Amendment
According to the Fourth Amendment of the U.S. Constitution, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."
The Fourth Amendment of the U.S. Constitution was established to protect citizens from any unreasonable search and seizure by the police. Also, it outlines various guidelines for searching a person's vehicle, home, or property. Generally, law enforcement must obtain a valid search warrant signed by the judge before searching private property. However, the search has to be reasonable or necessary for the court to issue a search warrant.
Warranted Search and Seizure
For a search and seizure to be legal in the Commonwealth of Pennsylvania, the law enforcement officer must have probable cause to search the property. According to Pennsylvania law, probable cause involves a combination of facts and circumstances that show that a person is committing an offense, has committed a crime, or a place contains certain items connected with a crime.
In addition, the police must submit a sworn affidavit with substantial evidence showing that probable cause has been established to obtain a search warrant. If the police fail to establish probable cause before a search or arrest, any evidence obtained afterward would be inadmissible during trial.
Valid Searches and Seizures Without Warrants
There are certain exceptions that permit a valid search and seizure without obtaining a search warrant. These include:
-
Consent – You consented or agreed to the search.
-
Plain view – The evidence was clearly in plain view.
-
Protect evidence – The police officer believed that you may destroy the evidence.
-
Vehicle searches – The police officer believed that the vehicle contained criminal evidence.
-
Protect personal safety – The police officer seized the evidence to protect their own personal safety.
-
Exigent Circumstances – The police officer can conduct a search or make an arrest during emergency situations.
Outside these exceptions, it is unlawful for a police officer to conduct a search and seizure on a person's home, vehicle, or private property without getting a valid search warrant. Any evidence obtained during an unlawful search and seizure may be excluded during the trial.
Understanding the Exclusionary Rule
Furthermore, the exclusionary rule prevents government authorities from using any evidence obtained in violation of the U.S. Constitution. According to the exclusionary rule, the Pennsylvania court will rule any incriminating evidence that was obtained through an unconstitutional search is inadmissible in court. Thus, making it nearly impossible to convict a defendant for the alleged crime.
How Legal Counsel Can Help
The Fourth Amendment protects you from unreasonable search and seizure by the police. However, the surrounding circumstances of the search and seizure can make your case feel complicated. Hence, if you're facing criminal accusations but believe that the evidence against you was obtained through unlawful search and seizure, hiring a trusted criminal defense attorney can be extremely beneficial.
For 24 years, I have given my career to protecting individuals facing criminal charges from the worst possible situation. I can investigate the surrounding circumstances of your case, determine how the evidence against you was obtained, and help strategize a solid defense. In addition, I can file a motion to suppress or exclude the evidence, keep your record clean, and ensure that those allegations don't ruin your life.
Have Questions? Get Answers From a Trusted Attorney
Contact me at The Law Offices of John Della Rocca today to schedule a simple case assessment with a reliable criminal defense attorney. I have the resources and reliable representation you need in your case.
My firm proudly serves clients across Philadelphia, Delaware County, Chester County, and Montgomery County, Pennsylvania, as well as communities throughout New Jersey.