Police officers and investigators gather evidence of criminal activity using a variety of methods. They conduct searches, review electronic data, go over financial records and sometimes even follow people to document criminal activity. They may also arrest individuals and subject them to intensive questioning and the collection of biometric information.
The evidence gathered by police officers becomes the basis for criminal charges. Prosecutors usually only charge people when they believe they have proof beyond a reasonable doubt of serious criminal activity. Those planning a response to pending criminal allegations have a right to review the evidence that the state intends to use during the trial.
In some cases, a criminal defense attorney may be able to prevent the prosecutor from presenting certain evidence during criminal proceedings. Suppressing certain evidence can play a major role in a successful criminal defense strategy.
Investigators must follow the law
There are numerous regulations and court rulings that limit the conduct of law enforcement professionals and other investigators. For example, the Fourth Amendment protects people from unreasonable searches and seizures. There have been many important prior court rulings about what kinds of searches are unreasonable. Even the conduct of officers questioning someone in state custody could affect the usefulness of certain evidence.
If police offiiers break the law or if they violate the civil rights of an individual, their actions can compromise the state’s case. Under the exclusionary rule, defense attorneys can ask the courts to set aside evidence gathered via illegal searches or Miranda warning violations. Eliminating evidence can make it easier to raise a reasonable doubt or may even lead to the prosecutor dismissing pending charges.
If police search a vehicle without permission, a warrant or probable cause, what they find may not be admissible in court. If they pressure an individual into confessing without advising them of their Miranda rights or listening when they invoke their right to legal representation, then any statements made by the defendant may not be admissible in court.
Explaining the questionable conduct of police officers can help defendants craft viable criminal defense strategies. As such, defense attorney aware of unjust circumstances can potentially prevent the use of inappropriate evidence during trial in certain scenarios.
