What Happens When the Police Make a Mistake?

When the police make a mistake, the consequences can be serious, and not just for the person under investigation. Errors by law enforcement can jeopardize constitutional rights, weaken the prosecution’s case, and in some circumstances lead to charges being reduced, suppressed, or dismissed entirely.

Police officers are human, and mistakes do happen. But in the criminal justice system, even a seemingly minor error can have major legal implications. Understanding what these mistakes look like and what remedies are available can make the difference between a conviction and a cleared record.

Common Types of Police Mistakes

Police errors come in many forms. Some are procedural; others involve violations of constitutional protections. The most common include:

1. Lack of Probable Cause

Officers must have probable cause to make an arrest or conduct a search. If they act on mere suspicion, a hunch, or incorrect information, any evidence they obtain afterward may be thrown out.

2. Illegal Searches and Seizures

The Fourth Amendment protects individuals from unreasonable searches. Mistakes include:

• Searching a home without a valid warrant or consent
• Searching a vehicle without legal justification
• Exceeding the scope of a warrant
• Seizing items not authorized under the warrant

Any evidence collected illegally is subject to being suppressed.

3. Failure to Read Miranda Rights

Officers must read Miranda warnings before a custodial interrogation. If they don’t, any statements obtained may be inadmissible.

4. Mishandling Evidence

Evidence must be collected, stored, and documented properly. Common mistakes include:

• Contaminating forensic evidence
• Mixing up property logs
• Losing bodycam footage
• Improperly maintaining a chain of custody

These mistakes can undermine the credibility of the prosecution’s entire case.

5. Reporting Errors and False Information

Police sometimes:

• Misstate facts in arrest reports
• Fill out paperwork incorrectly
• Rely on outdated or incorrect databases (for example, warrants that were never cleared)

All these errors can lead to wrongful arrests or unjustified charges.

How Police Mistakes Affect a Criminal Case

Not every police mistake automatically leads to charges being dismissed. But the law provides powerful protections to ensure that unlawfully obtained evidence cannot be used against you.

Here’s what can happen when a mistake is uncovered:

1. Suppression of Evidence

When police violate your constitutional rights, whether through an unlawful search, an improper stop, or an interrogation that ignored Miranda protections, a defense attorney can file a motion to suppress the evidence obtained as a result. If the judge agrees and suppresses the evidence, the prosecution is legally barred from using it at trial. 

This often deals a major blow to the State’s case. In fact, once the key evidence is removed, prosecutors may be left with so little admissible proof that proceeding becomes nearly impossible. Suppression doesn’t just weaken a case; it can fundamentally dismantle it.

2. Reduced Charges or Plea Offers

When crucial evidence is ruled inadmissible, the prosecution may need to reassess its strategy entirely. Without the suppressed evidence, the State might have to reduce the charges to lesser offenses, offer a significantly better plea deal, or drop certain sentencing enhancements such as firearm penalties or repeat-offender designations. Even a single piece of suppressed evidence, like a blood alcohol result, a weapon, or a recorded statement, can substantially shift plea negotiations and create opportunities for a far more favorable outcome.

3. Case Dismissal

In some cases, the police mistake strikes at the very foundation of the prosecution’s case. For example, if an officer conducted an illegal traffic stop and everything that happened afterward flowed from that stop, the entire case may be subject to dismissal. 

This often happens in DUI cases, drug possession cases, and firearm cases where the stop or search was the only basis for discovering the alleged evidence. When the initial police action is deemed unconstitutional, courts may dismiss the case outright because the prosecution cannot proceed without the tainted evidence.

4. Civil Liability

Beyond the criminal case, serious police errors, such as wrongful arrest, excessive force, or major constitutional violations, can open the door to civil consequences. Individuals may have the right to pursue a civil rights lawsuit against the department or officers involved, seeking compensation for harm caused. These cases can result in settlements or judgments even when the related criminal charges are reduced or dismissed. 

While civil liability is not automatic and occurs in more limited circumstances, it is an important reminder that police misconduct can have legal and financial repercussions far beyond the criminal courtroom.

What If the Police Make a Mistake in Your Case?

If you suspect the police acted improperly, do not confront the officers and do not try to “explain away” the situation on your own. Instead, document everything you remember as soon as possible, avoid speaking to law enforcement without an attorney present, and contact a criminal defense lawyer right away. Acting quickly and strategically can make all the difference in protecting your rights and preserving critical defenses.

A skilled attorney can:

• Review bodycam footage
• Examine police reports for inconsistencies
• Investigate whether the stop, search, or arrest was lawful
• File motions to suppress unlawfully obtained evidence
• Challenge procedural errors
• Present arguments to prosecutors that may lead to reduced charges or dismissal 

Contact a Criminal Defense Attorney Today

Police mistakes are more common than most people realize, but the legal system provides tools to protect your rights when they happen. Whether the issue is a wrongful stop, an illegal search, or faulty evidence handling, you do not have to face the consequences alone.

In many cases, the mistake isn’t obvious until an experienced defense attorney reviews the details. That’s why the earlier you involve legal representation, the better your chances of a favorable outcome.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.