If you’re arrested after an illegal search– now, that’s hard to declare. It just– as an illegal search, you usually need to be arrested. And a lawyer needs to evaluate whether there was enough evidence to support probable cause. But it happens. If you’re arrested, and let’s say something is seized as a result of your arrest,– let’s say, a bag of marijuana, contraband. –that piece of evidence is the most important thing in the prosecutor’s case.
If the search was unconstitutional, there’s a doctrine called fruit from a poisonous tree. What that means is that evidence will be suppressed. And what that means for you going to trial is that evidence cannot be introduced in a court of law. If they don’t have the contraband, drugs, or other whatever is seized, then, you’d better believe the case is going to be dismissed.