Pushing Back Against Shoplifting Charges After Illegal Searches In Rockland County
The Fourth Amendment of the United States Constitution prevents the government from engaging in illegal searches and seizures. If you were charged with shoplifting after being searched by a police officer, you may wonder whether your constitutional rights were violated. If your suspicions are correct, the evidence obtained during the search may be inadmissible. This could help you avoid penalties for shoplifting in Rockland County.
Police Cannot Search Your Person Without Probable Cause
Police officers in New York cannot simply search your person or your belongings whenever they feel like it. In order to carry out these searches, they must have “probable cause.” In other words, they must have a valid reason to believe that you committed a crime.
The same logic applies to store staff or security personnel. In fact, these individuals are subject to much higher restrictions compared to police officers. They cannot search your person without permission, and they cannot force you to open any of your bags or containers. They only have the right to hold you until police officers arrive. You can (and probably should) exercise your right to remain silent during interactions with both security guards and police officers.
What Might Give Police Officers a Valid Reason to Search Me?
Police officers may have the right to search you if there is clear evidence to suggest you engaged in shoplifting. This might include surveillance footage from the store that shows you taking an item off the shelf and placing it into your bag or pocket.
An eyewitness might also tell a police officer that they saw you shoplifting. However, this testimony may not always be reliable. A police officer only has probable cause to search your person if this information comes from a reliable source.
Can I Challenge Probable Cause After a Shoplifting Arrest?
You may be able to challenge the circumstances of your search after your arrest. Even if this search reveals stolen items, the evidence could be inadmissible if it stems from an illegal search. For example, a security guard might shove you to the ground, assault you, and forcibly rip items from your pocket. The security guard likely has no legal right to engage in this behavior, and the resulting evidence could be inadmissible.
A police officer might also lack the right to carry out a search if there is no real evidence to support shoplifting allegations. For example, an officer might have carried out a search based solely on the color of your skin.
Can a Rockland County Defense Attorney Help With Shoplifting Charges?
A Rockland County theft defense attorney may be able to help you explore various strategies to push back against shoplifting charges. Aside from Fourth Amendment violations, defense strategies may also revolve around cases of mistaken identity or lack of intent. Consider discussing your full range of legal options with Phillip J. Murphy, Attorney at Law today.
Sources:
law.cornell.edu/rules/frcrmp/rule_41
nycourts.gov/LegacyPDFS/COURTS/9jd/PartRules/PR_SEisenpress.pdf
