WHEN POLICE OFFICERS FAIL TO FOLLOW THE LAW

What happens when police officers fail to follow department policies or the law when it comes to investigations?  Evidence is suppressed, which means it is lost from the case because it cannot be used at trial by the prosecution. When a defense attorney determines that the rules have not been followed by the police, he files a motion with the criminal court and asks that the evidence attained during the violation of the rules be suppressed.  The attorney sets out the statute and case law in a memorandum in support of the motion.  A hearing is held where the prosecution and the defense is permitted to offer evidence that either the rules were followed or they were not.
During this hearing, the police officers testify to how the evidence was gathered and the defense calls witnesses to dispute the officers’ version of the events, if any witnesses are available.  The judge then makes the decision to allow the motion or deny it.  If he allows it, the evidence is suppressed and not allowed into the trial.  If he denies the motion the evidence is allowed to be offered at trial but may be excluded for other reasons.

An example of evidence suppression is when a police officer stops an automobile for a simple motor vehicle infraction but because the passengers and driver are young people, he takes the stop a little too far.  He asks if anyone has any drugs or alcohol in their possession?  When they answer in the negative, he asks them to step out of the car so he can search it.  In the driver’s console or glove compartment he finds a baggie of marijuana and a pint of whisky.  None of the occupants of the car are twenty one years of age.  The officer now has evidence of a crime.  Since none of the occupants acknowledge they own the contraband, they are all charged.

The evidence is a product of an illegal search and seizure.  It was acquired in violation of the occupants’ Constitutional rights.  It, therefore, will be suppressed and not permitted to be used by the prosecution at trial as a sanction for the violation.  This results in the charges being dismissed because there is no admissible evidence of a crime available to the prosecutor.

Our Constitution protects us from unlawful searches and seizures because they are intrusions into our privacy and they should not be taken lightly.  This is one of the many ways our Constitution protects us from unwarranted intrusion and harassment.