Legal Question in Constitutional Law in South Carolina

Re: x girl searched house

If this girl was acting on her own initiative and then simply gave the police what she found, then the evidence can be used against you even if her entry into the home was illegal. If she was acting under the direction of the police, then you should be able to get the material excluded. It sounds like she was acting on her own and, if that is the case, the evidence can probably come in.

The rule against using the fruits of an illegal search at trial apply only to police in order to dissuade them from conducting such illegal searches. Preventing the prosecution from using evidence the police seize improperly serves this goal, but preventing them from using evidence the police simply obtain from someone else does not. If the girl is the one who violated your rights, there is no need to sanction the police for her actions. The interests of justice would not be served by keeping out evidence which the police obtained without any wrongdoing on their part.