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Are criminal charges dropped if police misconduct is proven?

On Behalf of | Nov 8, 2024 | Criminal Defense

When police misconduct is proven, it can significantly impact the outcome of a criminal case. However, this turn of events does not automatically lead to charges being dropped. Additional action must generally be taken in order to turn misconduct at the outset into a favorable outcome for a defendant affected by that wrongful behavior. 

Police misconduct encompasses a range of improper or illegal actions, such as unlawful search and seizure, coercion, falsifying evidence and otherwise violating a defendant’s rights. If proven, these actions can undermine the integrity of a case and, in some instances, lead to reduced charges or dismissal. However, each case is unique, and a court’s response to misconduct is not guaranteed. 

Potential impacts of proven police misconduct 

One of the most common consequences of police misconduct is the exclusion of evidence from trial. Under the Fourth Amendment, all individuals are protected from unreasonable searches and seizures. If law enforcement obtains evidence through illegal means—such as conducting a search without a warrant or probable cause—that evidence can be deemed inadmissible in court. This is known as the “exclusionary rule.” 

If particularly consequential evidence is suppressed due to police misconduct, the prosecution may be left with insufficient evidence to proceed, leading to a potential dismissal of the charges at issue. For example, if the primary evidence in a drug possession case was obtained from an unlawful search, excluding that evidence could leave the state without the means to prove its case.

Additionally, in cases where police officers engage in misconduct, the credibility of their testimony can be called into question. If police officers are found to have lied, coerced witnesses or manipulated evidence, their testimony may lose credibility in the eyes of the court and jury. This damage to witness credibility can weaken the prosecution’s case and may even prompt prosecutors to drop charges rather than risk a failed trial.

At the end of the day, while criminal charges are not automatically dropped when police misconduct is proven, such findings can play a significant role in a defense strategy and potentially lead to case dismissal or reduced charges.