Errors in police procedure can affect the charges

Errors in police procedure can affect the charges

On Behalf of | May 31, 2022 | Criminal Defense |

Many people could feel overwhelmed during an encounter with law enforcement. The situation may feel like it happens very quickly and afterward, people might wonder if everything followed the proper procedures.

The Louisiana Justice Coalition says that members of law enforcement have to follow certain procedures during encounters with the public. If they fail to follow the guidelines, the charges may not be valid.

Traffic stops

Members of law enforcement can pull drivers over for several different reasons. However, routine traffic stops do not usually involve a search of the vehicle. If officers think that the driver was part of an illegal act, they can look through the passenger’s side of the car. They cannot examine the rest of the car unless they have a valid reason. Additionally, they cannot arrest the driver without probable cause.

Members of law enforcement need probable cause to search a vehicle but they do not require a warrant. Some drivers may object to the search. They should usually tell officers that they do not agree with the search.

House searches

Sometimes, officers may request to search a house. The residents usually need to grant permission before they can enter the home. In some situations, law enforcement officers could have probable cause. However, they still need a warrant for their search to be legal.

Sometimes, someone who lives in the house may allow the officers to enter. If these professionals do not have a warrant, they cannot use any potential evidence that they find to order an arrest.

Members of law enforcement could fail to follow all of the procedures when they stop people and search their homes or vehicles. In this situation, people could request an appeal of their case.