The laws regarding illegal search and seizure were established to protect
their legal right. If any evidence was obtained in such an instance, then
it cannot be used in trial and the prosecution of the accused. This is
otherwise known as the “exclusionary rule.” In some cases,
it may be necessary to file a motion to suppress the evidence.
Bear in mind, however, that although one piece of evidence can be stricken
from the record, the police might have other evidence that can be admissible
in your case. If that is the case, the case can still go to trial.
What Happens to the Evidence?
Even though the evidence can be used during prosecution, there are many
ways that the evidence can be used and in other proceedings.
Some examples include:
- The evidence can be used to decide on immigration and removal proceedings
- The judge may use the information when deciding on sentencing, if convicted
- The evidence can be used to deny or refute witness testimony
When police act outside the norm, that is, beyond the boundaries of standard
police work, they have committed unlawful actions. That is why the evidence
obtained from an illegal search and seizure can be discounted. Officers
must obtain a warrant—unless the situation clearly indicates criminal
culpability. There are open alcohol containers in the vehicle, the car
smells of alcohol or drugs, or there are weapons or spent ammunition in
The bottom line is that any evidence that is flimsy or weak, and cannot
support the prosecuting claims, then that cannot be used in trial. As Richmond
criminal defense attorneys, we do everything in our power to counter these claims using
the evidence laid out before us. If any element of your case seems amiss,
we stay on top of it and use that to build an effective defense to ensure
a favorable outcome.
Call Carlson & Collier if you are facing criminal charges! We are available 24/7 to take your call.