Defense attorneys are often criticized for getting their client off "on a technicality" such as where the police illegally searched a person or his property. Shouldn't that person be convicted anyway because he was obviously guilty regardless of how the evidence was obtained?

Not so fast. We don't live in a police state!  What would our lives be like if the police were allowed to search anyone they wanted to without justification. What if there were no penalties on the police for doing an illegal search. The result would be that law abiding citizens could be subject to unreasonable and invasive searches without just cause and without due process of law.

As a society we have determined that an individual's right to be free from unreasonable search or seizure is more important than catching criminals because the police are allowed to do anything they want. (See the Canadian Charter of Rights and Freedoms). This right is considered to be so important that we have determined that evidence obtained by such unreasonable search will be inadmissible (with certain exceptions) and may result in allowing a guilty person to go free. This is the protection that all law abiding citizens have as a result of our court system. Criminal defense attorneys are the front line of defense for the freedom of all citizens against the strong arm of the law, which if left unchecked, would quickly result in our country degenerating into a police state.

So the next time you hear about a defense attorney winning a case "on a technicality" remember that it is your freedom and the freedom of all citizens that was on trial in the courtroom! Say a thank you to the attorney, and scold the police for trying to take a shortcut and infringing an individual's rights. Keep in mind that it is never okay to infringe the rights of anyone, including someone that may be guilty.