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What constitutes an illegal police search?

In South Dakota, all citizens are expected to adhere to both state and federal laws. This included police officers.

While police officers have a difficult job in enforcing the law, they are not allowed to act inappropriately in the course of their duties. This is especially the case in relation to searches and seizures.

Under the Fourth Amendment of the U.S. Constitution, citizens are protected from searches that are unlawful. What constitutes an illegal police search?

Lack of probable cause

Law enforcement is only entitled to interfere with your liberty if they have a reasonable suspicion that a crime has been or is about to be committed. Upon further examination, if this reasonable suspicion does not progress to probable cause, they must let you go. They cannot search your person or property without your consent. Generally, your home residence has a higher level of privacy than your vehicle, so law enforcement will typically need a search warrant before they are able to gain lawful entry.

Inadmissible evidence

If you are facing criminal charges, then the prosecution will present various types of evidence against you. A large portion of this evidence may be items that have been obtained during searches. If it turns out that these items were obtained without following the proper procedure, then they should be deemed inadmissible by the court.

The law regarding searches and seizures can be nuanced. Having legal guidance behind you can help ensure that your legal rights are upheld and a suitable defense strategy is put in place for you.