In some cases, the police may want to conduct a search, and it is important for them to take the proper steps. For example, before entering your home, they typically need to get your consent or a search warrant. The same is true if they want to search your cellphone or your car.
But what happens if the police decide to conduct the search without adhering to these restrictions? Say that they do not have a search warrant, but they ask for consent to come into your home or unlock your phone. You refuse to give it to them, but they force you to do so and carry out the search anyway. How could this affect your case?
The fruit of the poisonous tree
Not only is this a violation of your rights, but it could also have a major impact on your case. This is due to a legal doctrine known as the fruit of the poisonous tree.
What this doctrine essentially means is that evidence that was illegally gathered cannot be used in court. Because the tree has been poisoned due to the illegal search, all of the “fruit” is also poisoned and is now inadmissible.
Now imagine that the only evidence the police have against you is what they found during their illegal search. It may look like a slam-dunk case for the prosecution. But if the court determines that all of that evidence is ineligible, then they may have to drop the charges.
Considering your legal options
This is just one thing to be aware of when interacting with the police. Always make sure that you understand what criminal defense options you have and what steps to take moving forward.