What Happens to Evidence Obtained in Illegal Searches?

Posted By Carlson & Collier || 15-Feb-2016

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 plain view.

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.

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