One of the biggest issues in many criminal cases is the legality of searches and seizures by the police. The police are not allowed to just barge in and take what they want for evidence. If they do, there might be serious consequences.
Depending on what kind of evidence was seized in an illegal search of your property, we might be able to have your child pornography case dismissed. Getting a case dismissed is not easy, but it is not impossible. When evidence is seized illegally, it is considered tainted and may not be admitted into court. If the prosecutor’s case cannot survive without the tainted evidence, we might convince the judge to dismiss the case. When police conduct a search, they either need a valid warrant or a valid exception to the warrant rule. If they have neither, they might have violated your rights. Defendants often do not realize they have been illegally searched until they meet with a lawyer.
Speak with our Cape May, NJ child pornography possession attorneys about a possibly illegal search in a free case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
Getting a NJ Child Pornography Case Dismissed Because of an Illegal Property Search
One very important question you and your attorney should ask is, was there a warrant? Warrants are like the gold standard of police work. Police need warrants before they do almost anything that infringes on the rights of citizens. A warrant is likely necessary if they want to search your home, seize your belongings for evidence, or arrest you.
If the police did not have a warrant when they searched your property, you should consider this a massive red flag. Our NJ child pornography possession attorneys can help you question the police about why they did not have a search warrant. Evidence seized illegally may be excluded from your trial. If enough evidence is excluded, the case might be dismissed because the prosecutor can no longer meet their burden of proof.
While we should be concerned if there was no warrant when the police searched your property, not every warrantless search is illegal. There are numerous exceptions to the warrant requirement. However, if the specific conditions that would allow such exceptions were not present, the search may be deemed illegal and the evidence excluded.
For example, the police might claim they were given consent to conduct the search. When valid consent is given, the police do not need a warrant. However, if the consent was forced or given by someone without the authority to give it, it is invalid, and the exception is no good.
If the police have a warrant, it must describe specifically what areas are to be searched and what is being sought. For example, if the warrant says the police want to search your house because they have probable cause to believe there is child pornography, they may do so. However, they cannot search the shed in your backyard unless the warrant also states that it is included. If it is included, there must be a good reason.
How Do the Police Search for Evidence in Child Porn Cases in NJ?
As modern technology continues to evolve and change, the police often find it necessary to search for digital evidence in addition to physical objects. Most cases of alleged child pornography typically involve digital photos, videos, and networks. As such, many police searches include searches of computers and similar devices.
Even though the police might not necessarily have to enter your home to search your computer, it is still considered a search within the meaning of the Fourth Amendment. This includes your phone. If the police took your phone to search it without your permission or a warrant allowing them to take the phone, tell your lawyer immediately. Any incriminating evidence taken from the phone might be excluded.
The police may also search your home, as mentioned before. This might happen if the police believe there is physical evidence of child pornography or to obtain computer and other devices from your home to be searched. Again, if they enter your home unlawfully, tell your lawyer.
The police can search your vehicle, but this is a bit less typical, but still possible, in child pornography cases. Vehicle searches are a complicated issue already. If the police want to search your car because they believe it contains evidence of child pornography, they likely need a warrant. However, the police may sometimes conduct vehicle searches pursuant to routine traffic stops. If child pornography or evidence related to it is found during such a stop, it might be admissible in court. Either way, talk to your lawyer about any evidence taken from a vehicle.
How Likely is it My NJ Child Porn Case Will Be Dismissed for an Illegal Property Search?
Getting a case dismissed is difficult, especially when prosecutors have strong evidence supporting the charges against you. Even if the evidence was seized during an illegal search of your property, the court will not automatically believe us when we move to exclude the evidence. We need proof that the police searched your property without a warrant or a proper exception to the warrant rule. Even if we can prove our claims, a dismissal is not guaranteed.
A dismissal is more likely if the evidence being excluded is so crucial that the prosecutor’s case cannot survive without it. For example, if the police illegally seized pornographic material depicting children, that pornographic material should be excluded. If it is, the case falls apart. Charges for child pornography cannot survive if there is no child pornography in the courtroom.
Speak to Our NJ Child Pornography Possession Lawyers for Help Now
Speak with our Atlantic City, NJ child pornography possession attorneys about a possibly illegal search in a free case review by calling the Law Offices of John J. Zarych at (609) 616-4956.
