Violation Of Criminal Evidence
Carla Belisario
Criminal Evidence
09/15/12
Defending the client and making sure that this case is dismissed would be a great outcome to this case. However, in order to do this we must make sure that the evidence does not enter the court room. The first point that we will acknowledge in this case is that in order for the evidence to not be admitted into court is by filing a “Motion to Suppress” the evidence presented by the prosecution. A motion to suppress is a motion that is usually filed on behalf of the defense to prevent evidence into a trial ((n.d.). Legal Dictionary). In this case a motion could be filed to suppress the evidence because in this case the evidence at question was obtained in violation of …show more content…
Assuming that the defendant has standing and the right to privacy, if the evidence was obtained illegally then the case should be dismissed because it is all fruits of the poisonous tree. There is a big possibility that the case may be dismissed. If all the evidence was obtained illegally then the prosecuting attorney has no evidence against my client. If there is no physical evidence and no case then the case will most likely be dismissed. The prosecution could try to argue that eventually they would have found the evidence legally and it was an inevitable discovery. “The inevitable discovery exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. (Inevitable Discovery Exception Law & Legal Definition. (n.d.)” However then they would have to prove how they would have found it. Depending on the constitutional violation, the scenario can …show more content…
There is usually further evidence such as witnesses that still make for a good case. For example in the O.J Simpson case, the fact that the evidence was contaminated made for the dismissal of that evidence. In the long run the case wasn’t strong enough against Mr. Simpson and the charges were reduced. Although we could fight for the dismissal of enough evidence to win the case, in a perfect world we would have the case dismissed. Although, this was just an example, because these two cases differ very much, their similarities are that evidence is being dismissed enough to win a trial. Our mission is to get enough evidences suppressed or dismissed to be able to efficiently defend the client at hand. if this is successfully done, the case can be won and the rights of the citizens remain protected. These laws are made to prevent police misconduct. They were made so that police officers would make sure to do their job and protect the citizens, including their rights. If a person is guilty of a crime then there is ample time to gather evidence correctly and follow protocol. Although it is important to seek justice, the Constitution is what we as Unites States Citizens live by, if we cannot protect those rights that we works so hard for, then we have nothing left to
Criminal Evidence
09/15/12
Defending the client and making sure that this case is dismissed would be a great outcome to this case. However, in order to do this we must make sure that the evidence does not enter the court room. The first point that we will acknowledge in this case is that in order for the evidence to not be admitted into court is by filing a “Motion to Suppress” the evidence presented by the prosecution. A motion to suppress is a motion that is usually filed on behalf of the defense to prevent evidence into a trial ((n.d.). Legal Dictionary). In this case a motion could be filed to suppress the evidence because in this case the evidence at question was obtained in violation of …show more content…
Assuming that the defendant has standing and the right to privacy, if the evidence was obtained illegally then the case should be dismissed because it is all fruits of the poisonous tree. There is a big possibility that the case may be dismissed. If all the evidence was obtained illegally then the prosecuting attorney has no evidence against my client. If there is no physical evidence and no case then the case will most likely be dismissed. The prosecution could try to argue that eventually they would have found the evidence legally and it was an inevitable discovery. “The inevitable discovery exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. (Inevitable Discovery Exception Law & Legal Definition. (n.d.)” However then they would have to prove how they would have found it. Depending on the constitutional violation, the scenario can …show more content…
There is usually further evidence such as witnesses that still make for a good case. For example in the O.J Simpson case, the fact that the evidence was contaminated made for the dismissal of that evidence. In the long run the case wasn’t strong enough against Mr. Simpson and the charges were reduced. Although we could fight for the dismissal of enough evidence to win the case, in a perfect world we would have the case dismissed. Although, this was just an example, because these two cases differ very much, their similarities are that evidence is being dismissed enough to win a trial. Our mission is to get enough evidences suppressed or dismissed to be able to efficiently defend the client at hand. if this is successfully done, the case can be won and the rights of the citizens remain protected. These laws are made to prevent police misconduct. They were made so that police officers would make sure to do their job and protect the citizens, including their rights. If a person is guilty of a crime then there is ample time to gather evidence correctly and follow protocol. Although it is important to seek justice, the Constitution is what we as Unites States Citizens live by, if we cannot protect those rights that we works so hard for, then we have nothing left to