Are you under investigation or facing criminal charges in Kentucky? If so, it is crucial for you to understand your right against unlawful searches and seizures. If your rights are violated, it could give you grounds to dispute the evidence and the charges against you to have them dismissed. Our Covington criminal defense lawyers explain Kentucky search and seizure laws in this blog.
Understanding Your Rights in Kentucky
The Fourth Amendment to the U.S. Constitution gives people the right to be secure against unreasonable searches and seizures. Section 10 of the Kentucky Constitution also protects people’s rights against unreasonable searches and seizures.
Search and seizure laws define the conditions under which law enforcement officers can search someone or their property and seize items as evidence. A search and seizure must be reasonable. Generally, a search and seizure may be considered unreasonable if it was conducted without a search warrant, without probable cause, or in the absence of exceptions.
When Are Search Warrants Required in Northern Kentucky?
Generally, a search warrant is required for law enforcement officers to search a person or their property. An officer must have probable cause to obtain a search warrant from the court. Probable cause is a reasonable basis for believing that a crime has been committed and that evidence of the crime is present.
The warrant must be supported by an affidavit explaining the basis for probable cause. It should also be specific regarding the items to be seized and the location to be searched. Any search performed must be conducted according to the terms of the search warrant.
Warrantless Searches: Common Exceptions in Kentucky
Law enforcement officers may perform a search without a warrant in some situations. Examples of a warrantless search include:
Search Incident to a Lawful Arrest
A police officer is permitted to search a lawfully arrested person to determine if they have any weapons on their person or nearby. They can also search the person to prevent the destruction of evidence.
Plain View Doctrine
Law enforcement officers may seize illegal items that are in plain sight, and the incriminating nature of the item is obvious. The officer must be lawfully present in the area for this exception to apply.
Consent Searches
A person can voluntarily consent to their person, home, vehicle, or belongings being searched. The consent can be withdrawn, but it is best to never consent to a search in the first place.
Exigent Circumstances
Exigent circumstances give police officers the right to conduct a search without a warrant because there is not enough time to obtain a warrant due to an immediate threat. Examples of exigent circumstances include risk of escape, danger to life or safety, and imminent destruction of evidence.
Automobile Exception
An automobile has a lower expectation of privacy. Therefore, an officer may search a vehicle without a warrant if there is probable cause to believe the vehicle contains evidence.
How Illegally Obtained Evidence Can Be Suppressed in Kentucky
If law enforcement obtains evidence through an unlawful search and seizure, a criminal defense attorney files a Motion to Suppress Evidence. The motion argues that the exclusionary rule prohibits the use of illegally obtained evidence in a criminal trial. It is a key aspect of the Fourth Amendment’s protection against unreasonable searches and seizures.
The motion may argue that other evidence is also inadmissible because of the fruit of the poisonous tree. This doctrine states that evidence discovered because of an illegal search is considered “tainted” and therefore inadmissible.
If a judge agrees with the defense’s argument, the evidence obtained through the illegal search and seizure would be inadmissible. Without that evidence, the prosecution may be unable to prove the state’s case, which could result in a dismissal of the charges.
Talk with a Covington Criminal Defense Attorney About an Illegal Search and Seizure in Northern Kentucky
If you believe you are the victim of an unlawful search and seizure, document the encounter as soon as possible by making notes of what happened. Ask witnesses for their contact information.
Contact Dickman Law Offices, P.S.C. for a consultation with a Covington search and seizure defense attorney. We aggressively defend clients who have been unlawfully arrested or subjected to an illegal search and seizure.
Posted in: Criminal Defense