Legal Question in Criminal Law in Pennsylvania
Illegal seizure of suspected evidence
My 16 yr old son was walking home from a friends house early one evening. He was stopped by an on duty police officer. He was asked to show the tread of his sneakers. He was then detained, while the officer called an off duty officer to the scene. This off duty officer looked at my son's sneaker tread and accused him of being involved in a recent neighborhood crime. These police officers brought my son home and entered our home with him. They proceeded to tell me their actions. My son denies any involvement. The off duty officer picked the sneakers up and showed me the treads and said he would bet his life that they were a perfect match to the ones at the crime scene. He then told me he was taking the shoes as evidence. I told him no, he was not as he had no proof my son did this. That my son was accused of another crime a year ago, because of shoe prints matching and it wasnt even my son. It was another neighbor boy.He proceeded to tell me that YES, he was taking the shoes and was going to the crime scene, to compare. It has been 2 months, no charges being filed and they kept the shoes as evidence. Did this off duty officer illegally take these sneakers from my home and did he violate any ofmine or my son's constitutional rights?
1 Answer from Attorneys
Re: Illegal seizure of suspected evidence
a situation like this reaaly calls for concerned local counsel. the net will never replace personal advocacy.
the answers: yes and yes.
since you did not consent to any search, the fruits of same should be supressed from any eventual criminal trial in which your son is the Defendant. the action of taking the sneaker was thus not illegal but unlawful.
The right implicated is the fourth amendment to the us Constitution as incorporated by the fourteenth amendment.
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