What Is Illegally Obtained Evidence & How Can It Impact A Case?

What Is Illegally Obtained Evidence & How Can It Impact A Case?

Being involved in a criminal trial is tough enough. But what happens if evidence against you has been illegally obtained? In that case, it’s important to have a Philadelphia assault lawyer or other attorney who knows what they’re doing. Come to the Law Offices of Richard J. Fuschino Jr. for advice on how to throw out tainted evidence and strengthen your case.

What Is Illegally Obtained Evidence?

It’s important to understand your rights when it comes to evidence collected against you. For the most part, the judge and jury cannot consider illegally obtained evidence when determining your guilt or innocence. If your constitutional rights have been violated by law enforcement officers, an aggressive defense attorney can help you suppress tainted evidence.

We fight for our clients by protecting their rights at every stage of the legal process. If you’ve been accused of a crime, we will do everything we can to dismiss illegally obtained evidence. Let’s start with a look at examples of improper exhibits.

What Is Illegally Obtained Evidence?

The Fourth and Fifth Amendments of the Constitution protect you against unwarranted searches and seizures. They also protect you from testifying against yourself or a family member. If law enforcement violates your rights, the judge is likely to dismiss evidence collected against you as part of the investigation.

Further, if you admit to a crime without the presence of an attorney, that’s a violation of your Sixth Amendment rights. You have a right to have an attorney with you while undergoing interrogation. If you feel that your rights have been violated, feel free to reach out to our team of experienced criminal defense attorneys.

Examples of Illegal Evidence

In general, police need a warrant to search your home or place of business. They cannot detain you without probable cause. The following improper investigation methods typically result in tainted evidence:

  • Unlawful wiretap
  • Search without a warrant
  • Coercion
  • Illegal detention
  • Collecting evidence with no probable cause
  • Improper search and seizure

There are state and federal laws that protect individuals against improper evidence. Typically, evidence obtained through one of the methods above is not admissible in court. Fortunately, a criminal defense attorney can request evidence suppression to protect your constitutional rights.

Although tainted evidence can influence the jury against you, having an experienced criminal defense attorney can turn this into a positive. Find out how tainted evidence can influence the outcome of your case.

How Tainted Evidence Affects Your Case

Policymakers started passing laws against illegal search and seizures over 100 years ago. Today, courts regularly overturn verdicts based on improper evidence. The Exclusionary Rule allows the court to suppress such evidence. The rule was created to prevent police misconduct and protect alleged criminals. If there is any suspicion of illegal activity, the defense attorney has the right to request suppression of tainted evidence.

Also referred to as evidence tainting, illegally obtained exhibits aren’t admissible in court. For example, if federal authorities tap your phone without a warrant, your attorney can move to suppress the resulting evidence.

Contact a Philadelphia Criminal Defense Attorney

A lawyer from the Law Offices of Richard J. Fuschino Jr. can represent you or your family member facing a criminal trial. You need a strong Philadelphia criminal defense attorney on your side to protect you in case of tainted evidence.

Are you still wondering how to expose fraudulently obtained records or confidential conversations that can be used against you? Our team will take prosecutors and law enforcement departments to task, protecting you against illegal search and seizures and other violations of your constitutional rights. Contact us today to set up a free evaluation of your case.