What to know about suppressing evidence

| Mar 16, 2021 | Drug Crimes

If you have been charged with a crime, a New York prosecutor can only use evidence that is collected in accordance with the law. Otherwise, your attorney may move to have it suppressed. Let’s take a look at the various reasons why evidence might be ruled inadmissible at trial.

Authorities lacked probable cause to conduct a search

An officer can search your home, car or person provided that there is a valid search warrant. Alternatively, a search may be considered valid if there was probable cause to believe that you engaged in criminal activity. However, if there was no reason to believe that you had violated the law, any evidence that authorities collect without first obtaining a warrant will likely be thrown out during a pretrial hearing.

It is important to note that any evidence that is obtained without a warrant could still be used against you if it was obtained in good faith. For instance, if drugs were found in your home during what an officer thought was a valid search, a judge will likely allow that action to stand.

Was evidence not properly handled?

Authorities must keep careful records regarding who has handled blood samples, murder weapons or other evidence that might be used in criminal cases. If there is any reason to believe that a sample was tainted, a weapon was mislabeled or other mistakes were made, it may significantly weaken the case against you.

Evidence won’t be automatically dismissed

It’s important to note that your criminal law attorney will need to file a motion to have evidence suppressed in your case. Once the motion is filed, the judge will review the request to determine if any laws were violated when it was obtained.

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