Illegal Search and Seizure in Rhode Island Criminal Cases

If the Police Violated Your Rights, the Evidence May Be Thrown Out

The Constitution is clear: you have the right to be free from unreasonable searches and seizures. If the police searched your home, car, phone, or body without a valid reason, we may be able to get the evidence thrown out—and your case dismissed.

At Manosh Payette Criminal Defense Attorneys, we fight illegal searches head-on. We file suppression motions, cross-examine the officers, and expose shortcuts, lies, and unconstitutional conduct in Rhode Island criminal cases.

What Is a Fourth Amendment Violation?

The Fourth Amendment to the U.S. Constitution protects you from police searches that are:

• Done without a valid warrant

• Based on fake or vague “probable cause”

• Done without your consent

• Overly broad in what they seize

• Carried out by officers who overstep legal limits

If law enforcement violated your rights, any evidence they found can be suppressed. That means the jury never sees it—and the prosecutor's case may fall apart.

Common Examples of Illegal Searches in Rhode Island

We've successfully challenged police searches involving:

• Car stops with no probable cause

• Warrantless home searches without consent

• Fake “consent” coerced from frightened or confused people

• Bad search warrants based on false or misleading affidavits

• Overreaching warrants that don't match what was searched or seized

• Illegal phone searches or GPS tracking without a warrant

• Racial profiling and pretextual stops

If police didn't follow the rules, we won't let it slide.

How We Challenge a Bad Search

We file what's called a Motion to Suppress—a formal legal challenge to the evidence.

Then we:

• Demand the warrant and affidavit

• Subpoena the officers involved

• Cross-examine them in open court

• Expose contradictions and unconstitutional shortcuts

• Argue to the judge why the evidence should be excluded

We don't just hope the court listens. We force the issue—with legal precision and constitutional firepower.

What Evidence Can Be Suppressed?

If we win a suppression hearing, any illegally obtained evidence may be thrown out, including:

• Guns

• Drugs

• Cell phone data

• Confessions

• Photos or videos

• Cash

• Clothing or DNA

In many cases, suppression of one piece of evidence means the entire case collapses.

What If the Police Had a Warrant?

Even with a warrant, police have to follow strict rules. A warrant can be challenged if:

• It was based on false or misleading information

• It was signed by a judge without probable cause

• It didn't specify what could be searched or seized

• Officers searched outside the scope of the warrant

Just because they had paperwork doesn't mean the search was legal.

Fourth Amendment Defenses in Real Life

We've used illegal search defenses in cases involving:

• Drug trafficking and possession

• Gun charges

• Digital forensics and phone searches

• Federal conspiracy investigations

• DUI and motor vehicle stops

• Probation/parole compliance checks that went too far

These defenses aren't technicalities—they're constitutional rights. And we take them seriously.

Let Us Defend Your Rights—and Your Freedom

If your rights were violated, we'll prove it. If the evidence was illegally obtained, we'll suppress it. If the case falls apart without it, we'll move for dismissal.

At Manosh Payette Criminal Defense Attorneys, we don't just know the Constitution—we have spent decades defending it in Court.

📞 Call Now to Schedule a Free Defense Strategy Session

Don't assume the police did everything right. Let us review your case and find the cracks.

📍 Based in Providence | Handling State & Federal Cases Across Rhode Island
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