How Constitutional Violations Can Get Your Kentucky Criminal Case Dismissed
The United States Constitution and the Kentucky Constitution protect your fundamental rights during every stage of the criminal justice process. When law enforcement or prosecutors violate these rights, the evidence obtained through those violations can be suppressed, and the charges against you may be dismissed. The attorneys at Clark + Harris aggressively identify and challenge constitutional violations in criminal cases throughout Lexington, Louisville, and all of Kentucky.
Fourth Amendment: Protection Against Unreasonable Searches and Seizures
The Fourth Amendment is the most frequently invoked constitutional protection in criminal cases. It prohibits unreasonable searches and seizures and requires that warrants be supported by probable cause. Common Fourth Amendment violations in Kentucky criminal cases include traffic stops conducted without reasonable suspicion, vehicle searches conducted without a warrant, consent, or probable cause, home searches conducted with defective warrants or without warrants, pat-down searches that exceed the scope permitted by Terry v. Ohio, prolonged traffic stops that exceed the time necessary to address the initial violation, and use of drug-detecting dogs without proper legal authority.
When evidence is obtained through a Fourth Amendment violation, the exclusionary rule requires that the evidence be suppressed, meaning it cannot be used against you at trial. If the suppressed evidence is the foundation of the prosecution’s case, the charges may be dismissed entirely. At Clark + Harris, we examine every search and seizure in our cases with meticulous attention to constitutional requirements.
Fifth Amendment: Right Against Self-Incrimination and Miranda Rights
The Fifth Amendment protects your right against self-incrimination. Under the Miranda doctrine, police must inform you of your rights before conducting a custodial interrogation. These rights include the right to remain silent, the warning that anything you say can be used against you, the right to an attorney, and the right to have an attorney appointed if you cannot afford one. If police fail to provide Miranda warnings before a custodial interrogation, any statements you made during the interrogation may be suppressed.
Even after Miranda warnings are provided, your rights can be violated if you invoke your right to silence but questioning continues, you request an attorney but interrogation does not stop, your waiver of rights was not voluntary, knowing, and intelligent, or police use coercive tactics to obtain statements.
Sixth Amendment: Right to Counsel and Fair Trial
The Sixth Amendment guarantees your right to an attorney at all critical stages of the criminal process, your right to a speedy trial, your right to confront and cross-examine witnesses, and your right to an impartial jury. Violations of these rights can result in dismissal of charges, exclusion of evidence, or reversal of a conviction on appeal.
Due Process Violations
The Fourteenth Amendment’s due process clause requires fundamental fairness in criminal proceedings. Due process violations can include destruction or loss of evidence by the prosecution, prosecutorial misconduct including withholding exculpatory evidence, suggestive identification procedures, and excessive delays in prosecution that prejudice the defense. When due process violations are identified, the remedies can range from suppression of specific evidence to dismissal of the entire case.
How Clark + Harris Identifies Constitutional Violations
Identifying constitutional violations requires careful review of every aspect of the investigation, arrest, and prosecution. Our attorneys obtain and review body camera footage, police reports, search warrants, and all other relevant documentation. We compare the officers’ actions against constitutional requirements and identify every instance where your rights may have been violated. We then file appropriate motions and present arguments to the court to enforce your rights.
Contact Clark + Harris for Constitutional Defense
If you believe your constitutional rights were violated during your arrest or investigation, Clark + Harris can evaluate your case and fight to enforce your rights. Call 859-474-0001 for a free consultation.
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