If you’re facing criminal charges, the prosecution will have gathered whatever evidence against you that they plan to present in court. However, that evidence may have been collected unlawfully, in a way that violated your constitutional rights.
In such situations, it may be possible to have evidence suppressed or excluded from your trial.
Know your rights against illegal searches and seizures
The Fourth Amendment protects citizens from unreasonable searches and seizures. This means that law enforcement officials need a warrant to search your property or seize evidence, except in certain situations where they have probable cause to believe that a crime is being committed or they believe that evidence is in danger of being destroyed. If there is proof that the evidence was obtained illegally, it could be suppressed.
If it is discovered evidence was obtained illegally, it is possible for your counsel to file a motion to suppress the evidence. This is often a hard-fought issue in any criminal trial, but it can result in evidence being excluded from your case. The obvious benefit to this is that a lack of evidence will always make the prosecution’s case weaker.
Having evidence suppressed in your criminal case can be complex and challenging, but it’s commonly done because the authorities make mistakes all the time. Be sure to understand your rights in this situation. Remember, the prosecution has the burden of proving your guilt beyond a reasonable doubt and having evidence suppressed can weaken your case and increase your chances of a favorable outcome.