On suppressing evidence

On suppressing evidence

by | Jun 23, 2017 | drug charges |

During the process of an arrest and criminal trial, it is incumbent upon the law enforcement officers to act in a professional manner, and follow all police procedures per legal protocol. These are among the right entitled to every American, whether you live in California, Alaska or Pennsylvania.

If you are facing criminal charges but do not believe that you were treated fairly and that police officers broke the law during the process, you may want to consider fighting the charges.

It is crucial that criminal evidence is properly obtained and that your rights are not violated. According to the Fourth Amendment of the constitution, all suspects have a right against unlawful search and seizure. This means that officers cannot illegally search a home to obtain evidence.

Additionally, there is a “fruit of the poisonous tree” doctrine which further protects suspects from potentially illegal actions of the police. According to this doctrine, if more evidence is obtained through illegal activity done by police, investigators or authorities, it cannot be used against the suspect. This can prove to be especially valuable when dealing with possible drug charges and subsequent charges that arise due to the illegal activity of the police in gathering evidence to make their case.

As we have stressed before, if you are facing serious criminal charges, it is likely in your best interest to protect yourself with a strong legal defense team who can work with you, examine your case and figure out the best way to proceed. This may ultimately lead to charges reduced or even dropped if it can be proven that authorities acted illegally.

Source: FindLaw, “How to Suppress Evidence,” accessed on April 22, 2017


FindLaw Network