If you have been charged with a crime in Alabama, how the police gathered evidence can make a big difference to your case. A search that didn’t follow legal procedures may be considered unlawful, and the evidence might not be allowed in court.
Below are some important points to remember about search procedures in Alabama.
The law on police searches
Under the Fourth Amendment, you’re protected from unreasonable searches and seizures. Police usually need a valid warrant to search your home, vehicle or belongings. However, there are a few exceptions where a warrant isn’t required. These include situations where you clearly give permission, illegal items are in plain view or the search is tied to a lawful arrest or an emergency.
If police act outside of these boundaries, the search may violate your rights.
When searches cross the line
Some of the most common problems with police searches in Alabama include:
- Searching a vehicle without consent, a warrant or probable cause
- Entering a private residence without permission or a legal basis
- Frisking someone without a specific, legal reason
These actions may seem routine but can be unlawful if the proper steps aren’t followed.
If a search is found to be illegal, the court can exclude the evidence. This is called a motion to suppress. Without that evidence, the prosecution’s case may weaken, and the outcome could change significantly.
Knowing the limits of police authority can be crucial. A search that violated your rights might be the key to challenging the charges against you. Seek legal guidance to find out more about the law on police searches.
