How Search and Seizure Laws Can Affect Your Criminal Case

Search and seizure laws can affect your criminal case by determining whether evidence obtained by police can be used against you. If officers searched you, your vehicle, your home, your phone, or your other property unlawfully, your lawyer may be able to challenge the evidence in court. At the Law Offices of L. Morgan Martin, P.A., our Conway criminal defense attorneys evaluate how the search happened, whether officers had legal grounds to conduct it, and whether the resulting evidence can be challenged.

What Do Search and Seizure Laws Protect?

The Fourth Amendment and Article I, § 10 of the South Carolina Constitution protect you against unreasonable searches and seizures. These protections generally cover your person, home, belongings, and other places or information where you have a legally protected expectation of privacy. South Carolina’s constitutional provision also expressly protects against unreasonable invasions of privacy. That can make the circumstances surrounding a search crucial to your criminal case.

Do Police Always Need a Search Warrant?

No. Police can sometimes search without a warrant when there’s a recognized exception to the warrant requirement. South Carolina courts have recognized exceptions that can include consent, a search incident to a lawful arrest, the automobile exception, plain view, exigent circumstances, and certain limited searches during a lawful investigative stop. So the absence of a warrant doesn’t automatically make a search illegal. The question is whether the police had a legal reason for the search under the circumstances.

What Does a Search Warrant Have to Show?

A search warrant must be supported by probable cause and must identify what exactly the police are allowed to search for and where they can search. Under S.C. Code § 17-13-140, a warrant is issued based on a sworn affidavit establishing the grounds for the search. The issuing judicial officer must find probable cause, and the warrant must identify the property and name or describe the person or place to be searched.

For example, a warrant authorizing police to search a particular residence for specific evidence doesn’t automatically give officers unlimited authority to search anywhere or for anything they choose.

What If Police Searched You or Your Property Without a Warrant?

A warrantless search isn’t automatically unlawful, but the state may need to establish that an exception justified it. For instance, if police search your vehicle during a traffic stop, the legality of that search can depend on what officers knew at the time, whether they had probable cause, whether you consented, and whether another exception applied. What officers saw, what they knew, what you said, and what happened before the search can all affect whether the search was legal.

Can Evidence From an Unlawful Search Be Kept Out of Your Trial?

Potentially. Evidence obtained through an unconstitutional search or seizure may be subject to suppression and excluded from trial because it was obtained in violation of constitutional search-and-seizure protections. However, there are also exceptions to the exclusionary rule, including situations involving good faith or evidence that would have been discovered through lawful means. That means a search problem doesn’t necessarily end the case, but it can change what evidence the prosecution is allowed to use in their case against you.

Seek Legal Guidance From Our Criminal Defense Lawyers Today

If evidence against you was found during a search, the fact that police found evidence doesn’t necessarily mean they obtained it lawfully. Our Conway criminal defense attorneys can examine the circumstances of the search, identify constitutional or statutory problems, and determine whether the evidence should be challenged before it’s used against you. To schedule your free case review, call the Law Offices of L. Morgan Martin, P.A. at 843-248-3177 or submit our contact form.