Could police error lead to dropped charges?
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Could police error lead to dropped charges?

On Behalf of | Feb 8, 2022 | Criminal Defense |

If you face charges after an arrest, you are undoubtedly concerned about your future. If you are innocent, this can be a frustrating process. You know you didn’t do anything wrong, but the case against you says otherwise.

In some cases, law enforcement may not have followed the proper procedures. If this happened to you, it could impact your criminal defense case.

When do police have the right to stop you?

An officer can stop you if they suspect illegal activity. They can only briefly keep you to determine if their suspicions are correct. If there is no probable cause, they must let you go.

The officer should ask you to identify yourself. Which only requires that you give your address and name. If you do not supply this information, they can arrest you.

Can I refuse a police search?

According to the Fourth Amendment of the United States Constitution, officers must have probable cause to conduct a stop and search. Probable cause includes things like seeing or smelling drugs on the person. If there is no valid reason to search you, you have a right to refuse. Without your consent or a warrant, the probe may be unlawful. If a court later determines the arrest was illegal, they may discard any evidence found during the incident. If there is no evidence, a judge may reduce or dismiss your charges.

The law holds police to a high standard to keep citizens safe. If they violate their rules and procedures during an arrest, that could impact your case.