Final answer:
Inspections may be deemed unlawful, and evidence deemed invalid, due to a lack of warrant, improper consent, lack of probable cause, and absence of exigent circumstances. Procedures such as obtaining a warrant and establishing probable cause are essential to ensure the admissibility of evidence in court.
Step-by-step explanation:
The three aspects that can potentially render an inspection unlawful and any evidence found during it as invalid are a) No warrant, c) Lack of consent, and the absence of both b) Probable cause and d) Exigent circumstances.
Firstly, a search warrant is a legal document, authorized by a judge, allowing law enforcement officials to conduct a search of a specific place. If a search is conducted without a warrant, any evidence found could potentially be dismissed as it may violate the person's right to privacy under the Fourth Amendment, depending on the circumstances.
Secondly, if there is no consent from the owner or renter of the place to conduct the search, it could make the resulting search unlawful. There are exceptions, such as when a person can be said to lack a "reasonable expectation of privacy”, in which case a warrant is not necessary.
Next, without probable cause to believe a crime has been committed or will be found, a search could be deemed unconstitutional. Probable cause, a lower evidence threshold than required at a criminal trial, is essential for obtaining a search warrant.
Last but not least, absence of exigent circumstances - a situation where there is a risk of evidence getting destroyed or tampered with before a warrant can be obtained - could lead to invalidity of the search and the evidence that resulted from it. This is because, under such circumstances, law enforcement officers could perform a warrantless search.
Evidence obtained through unlawful means is often referred to as the "fruit of the poisonous tree." Any evidence that emerges from an illegal search or seizure can be considered "poisoned." Therefore, officers must follow proper procedures to secure evidence admissible in court.
Learn more about Unlawful Inspections