Constitutional Law

The appropriate response to an improper search is to exclude the evidence obtained through that search, either through a motion to suppress or through a procedural bar. This means that the evidence cannot be used in any way against the defendant. This serves as a deterrent against potential improper searches by law enforcement, as well as a way to keep the courts from participating in the processes of obtaining evidence through illegal means. While exclusion of the evidence obtained through an improper search is the appropriate response, some would argue that this does not fully address the underlying problem. One way to potentially improve the process of dealing with improper searches is to enact legislation that provides for civil penalties and causes of action when an improper search is conducted. This would allow the victims of an illegal search to receive compensation for the violation, thus providing a deterrent to police officers who might otherwise attempt to conduct improper searches. Additionally, in cases where an improper search results in a conviction, having the option to go to a civil court and receive compensation could encourage prosecutors to identify improper searches earlier, before taking a case to trial.