Sometimes, officers make mistakes when carrying out their duties – it’s only human. They rush, misjudge or flat-out ignore protocol. However, these mistakes can weaken a case against you or even get it dismissed.
If the police cut corners or make certain blunders, it could mean evidence against you gets tossed out, which could be a game-changer for your defense. Here’s how these mistakes could affect your criminal case.
Violation of your rights
One of the most common police mistakes involves illegal searches and seizures. The Fourth Amendment protects you from unreasonable searches, meaning law enforcement must have probable cause or a valid search warrant to search your property or person. If the police conduct an illegal search and seize evidence, it may be admissible in court should your case go to trial.
Similarly, if the police did not read you your Miranda rights during custodial interrogation, anything you say may be excluded from your case. It doesn’t matter if you confessed; your statements may be excluded from your case.
Evidence mishandling
If the police lose, contaminate or improperly store evidence, it can weaken the prosecution’s case. Such evidence may be deemed unreliable. Similarly, if there are gaps in the movement of the evidence from its collection to its presentation in court (chain of custody errors), it could cast doubts on its integrity, potentially leading to it being ruled inadmissible.
Protect your legal rights
Mistakes by the police don’t necessarily mean you’re in the clear, but they can certainly provide opportunities for your defense. Seeking legal guidance can help identify these and other errors that could impact your case and use them strategically to strengthen your position and work toward a more favorable outcome.
