Criminal Defense Attorneys in Auburn Look for Errors or Irregularities in Police Procedure

by | Sep 24, 2018 | Criminal Law

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Criminal Defense Attorneys in Auburn look for errors and irregularities in police procedure when they start building a case. There may have been illegal activity on the part of law enforcement or issues with the chain of evidence. If they find these sorts of problems, they can present the details to the prosecuting attorney or the judge in an effort to have the charges dropped or the case dismissed.

Questioning a Suspect

For example, police officers must read the Miranda Rights to a person they are in the process of arresting if they plan to question this suspect. They can start questioning the defendant after this but must stop if the person asks for a lawyer. Criminal Defense Attorneys in Auburn make sure this questioning procedure was followed according to the law.

Sometimes this type of evidence does not become known until the trial is underway. Defense lawyers from a firm such as Yoder & Kraus PC know this, which is why they stay alert for evidence of issues with police and forensic procedure until the case ends.

Rules Regarding Search Warrants

Police must have a warrant if they want to search the suspect’s home. The search warrant is a court order and police are required by law to follow it. They have the right to break into locked containers if nobody is home or nobody gives them access.

These officials are required to knock and announce their presence before they enter. They can force their way in if nobody answers the door within a normal amount of waiting time. A normal amount of waiting time is usually only about 15 seconds. If the defendant says the police never knocked or rang the doorbell but instead kicked the door in, this may be a technical issue that gets the case thrown out of court.

There are some exceptions to this law. For example, police are allowed to break in without knocking if they hear or see evidence that someone is in danger. They cannot do this if they simply believe this is true; there must be an indication such as screaming or a gunshot. Like us on Facebook.

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