How does the Exclusionary Rule apply to the Fourth Amendment, Search and Seizure, and Arrests?
The Exclusionary Rule and the Fourth Amendment
The Fourth Amendment protects people against unreasonable arrest and seizure. The Fourth Amendment applies to people, homes, and anything they own, such as purses, storage units, boats, and backpacks. The Exclusionary Rule might require the suppression of evidence seized in violation of someone’s constitutional rights.
The Fourth Amendment guarantees:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The “exclusionary rule,” was created by courts, operates to prevent the introduction of evidence obtained in violation of the 4th Amendment. Courts created the exclusionary rule to deter police misconduct.
The Good Faith Exception
The United States Supreme Court established a Good-Faith exception to the exclusionary rule. The Good-Faith Exception requires a court to weigh the benefits of deterring police misconduct against the costs or injustice incurred when valid evidence is legally excluded. The Court also ruled that circumstances could exist where the injustice of suppressing otherwise valid evidence could outweigh any slight benefit gained by attempting to deter police misconduct using the exclusionary rule.
For example, if a law enforcement officer acted objectively, in good faith, and an objectively reasonable manner, and the search warrant is later found to be defective because of a judicial or technical error, excluding the evidence would not deter police misconduct.
Michigan Adopted the Good Faith Exception
The Michigan Supreme Court adopted the Good-Faith Exception to the exclusionary rule for the state of Michigan in People v. Goldston, 470 Mich. 523, 682 N.W.2d 479 (2004).
Under federal and Michigan law, an investigatory stop of an automobile is limited to a brief, nonintrusive detention. The police can legally stop a vehicle if specific and articulable facts are sufficient to give rise to a reasonable suspicion that a traffic or criminal law is violated. An arrest requires probable cause to believe that the detained person has committed or is committing a crime. An officer may legally arrest a person without a warrant if a felony or misdemeanor was committed in their presence and under some other limited circumstances.
An officer may conduct a pat-down or frisk, a form of a limited search for weapons, when the officer has reason to believe that the person may be armed and dangerous.
A violation of a person’s Fourth Amendment right to be free from unlawful arrest or improper searches and seizures may give rise to a Motion to Suppress, Suppression Hearing, and, if appropriate, suppression of illegally obtained evidence. If a judge suppresses the evidence, the prosecutor may have no choice but to dismiss some or all charges.
Why Hire LEWIS & DICKSTEIN, P.L.L.C. if the Police Violated Your Rights
In navigating the complexities of the criminal justice system, especially in situations where your rights may have been compromised by police misconduct, the selection of a defense attorney becomes pivotal. LEWIS & DICKSTEIN, P.L.L.C. stands as a beacon of hope and strength for those in such daunting circumstances. Our firm is your best ally in defending against charges where the police may have overstepped their bounds.
- Unmatched Expertise in Handling Police Misconduct Cases – Our team’s profound understanding of the law, particularly in police misconduct cases, sets us apart. We have dedicated years to mastering the nuances of criminal defense and are well-versed in the strategies that yield success in these complex cases.
- A Unique Team Approach – LEWIS & DICKSTEIN, P.L.L.C. is not just a law firm; we are a cohesive unit of top-tier criminal defense lawyers, seasoned paralegals, and highly skilled experts and investigators. This multidisciplinary team collaborates closely to ensure that every angle of your case is explored and that your defense is as robust as possible.
- Commitment to Superior Service – Our firm is synonymous with excellence in client service. We understand the stress and uncertainty that come with criminal charges, especially when they involve questionable actions by law enforcement. We prioritize prompt, clear, and compassionate communication with our clients. We are here to support you, answer your questions, and keep you informed every step of the way.
- Proven Track Record of Achieving Extraordinary Results – At LEWIS & DICKSTEIN, P.L.L.C., we measure our success by the outcomes we secure for our clients. Our history of achieving unparalleled results in cases of police misconduct speaks to our tenacity, skill, and unwavering dedication to justice. We don’t just aim to defend; we fight to win.
- Aggressive Advocacy on Your Behalf – When your rights have been violated, you need a defender who will not shy away from challenging the prosecution and holding law enforcement accountable. Our attorneys are known for their fearless and aggressive advocacy. We meticulously scrutinize the evidence, question the legality of police conduct, and are prepared to take your case to trial if necessary to protect your rights.
- Tailored Defense Strategies – Recognizing that each case is unique, we craft personalized defense strategies that reflect the specific details of your situation. By combining our deep legal expertise with a keen understanding of your individual circumstances, we can navigate the intricacies of your case with precision and skill.
In the face of serious criminal charges compounded by police misconduct, you deserve a defense that is not just competent but exceptional. LEWIS & DICKSTEIN, P.L.L.C. is committed to providing the highest level of defense. Our team will ensure your rights are protected and you have the strongest possible chance of a favorable outcome. Our defense attorneys have vast expertise in constitutional law, including the exclusionary rule. If you believe the police have violated your rights, contact us for help. Let our team stand with you and for you. We will fight tirelessly for your freedom and your future.
A Firm that Fights to Protect and Defend Your Constitutional Rights
If you have a search and seizure question or believe the police may have stopped or searched you improperly, do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. Our attorneys fight to protect and defend our client’s constitutional rights every day, including using the exclusionary rule when appropriate. We are never intimidated by tough judges or aggressive prosecutors and will never sell you out. We will fight the government to get our clients justice and are not afraid to do whatever is necessary to win! If you call us for a free consultation, we will take the time to talk with you, answer all your questions, and address your concerns. We have a team of highly trained, dedicated, and experienced criminal defense lawyers who will collaborate and work together on your case to ensure you get the best possible result.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
