What is an Improper Search in Rhode Island?

An improper search in Rhode Island is an illegal search that violates an individual's constitutional right to privacy. 

The Fourth Amendment of the United States Constitution, which states:

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.

This Amendment prohibits unreasonable searches and seizures by law enforcement in places where a person has a reasonable expectation of privacy. This includes their residence, property, and body, as well as specific areas of a motor vehicle (such as a locked trunk), and certain public places (for example, a public restroom stall). 

For a search to be reasonable, and therefore proper:

• Police must have probable cause to believe incriminating evidence exists and they obtain a search warrant from a judge, or
• The circumstances make it lawful for police to conduct a search without a warrant. 

A court can suppress evidence found during an improper search, meaning it cannot be used against the defendant during their trial. Experienced criminal defense attorney Kara Hoopis Manosh will examine your case and determine whether your rights were violated. Call us today at 401-714-8926 to schedule a consultation.

Proper versus Improper Searches in Rhode Island

A court will consider several factors when deciding whether a search was conducted properly.

Proper Searches

A proper, or lawful, search is conducted

• Under a proper warrant;
• Where the circumstances mean a warrant is not required (the "exceptions to the warrant requirement").

Situations that do not require a warrant may include where:

• Police search a person after a lawful arrest
• Police search a vehicle after a lawful stop
• There is a risk that incriminating evidence may be destroyed or concealed
• A person is briefly held for investigation during a “stop and frisk” 
• The search relates to a person the authorities are in “hot pursuit” of
• The person being searched or the property owner consents to the search 

In these situations, law enforcement can conduct a proper search without a warrant. 

Improper Searches

An improper, or unlawful, search occurs when:

• The police conduct a search without a warrant in circumstances where a warrant is required
• The police exceed their authority to utilize an exception to the warrant requirement
• The search is conducted in a way that violates a person's reasonable expectation of privacy

If these circumstances exist, a defendant may file a motion with the court asking it to find the search improper and apply the exclusionary rule. 

An Improper Search and the Exclusionary Rule

The exclusionary rule prevents the government from relying on evidence obtained as a result of a violation of an individual's constitutional rights. It means that evidence found in the course of an improper search may be subject to exclusion as evidence against a defendant during a criminal trial. Like most of the rules in Fourth Amendment issues, there are exceptions to this! 

When to Hire a Criminal Defense Lawyer in Rhode Island

If the prosecution is relying on evidence found during a police search, you should ask an experienced criminal defense lawyer to review your case. They can advise you whether the correct search and seizure procedures were followed. 

If your constitutional rights have been violated by an improper search, I can help you argue that the evidence found during the search should be suppressed at your trial. If successful, this may weaken the prosecution's case against you and help you defend the charges. To learn more, you should contact Kara Hoopis Manosh today by calling 401-714-8926 or submitting an online form today and schedule a consultation.