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When might evidence be inadmissible? 

On Behalf of | Dec 16, 2022 | Criminal Defense

If you are facing criminal charges, then it means that the prosecution believes they have compelling evidence against you. In criminal cases, the standard of proof is very high. It is the task of the prosecution to prove you are guilty beyond all reasonable doubt. In other words, all you have to do is create some reasonable doubt over the accusations. 

One way to do this is to poke holes in the evidence lodged against you. Sometimes, law enforcement or the prosecution may have failed to follow the correct procedures, which could make the evidence used against you inadmissible. Outlined below are some examples where this might be the case. 

Evidence gained from an improper search 

The right to privacy is very important in the United States. Law enforcement is only entitled to infringe upon this in very specific circumstances. For instance, they are only allowed to enter your home if you give them permission, if they have a valid search warrant or if they have probable cause to believe that a criminal offense has been committed. 

In the above scenarios, law enforcement is entitled to collect evidence that can be used in court against you. Nonetheless, if they entered your property without your permission or the valid legal authority, the evidence they produce may not be admissible in court. 

Other types of inadmissible evidence 

There are other instances where evidence may be inadmissible. For example, if evidence was planted or fabricated then it should not be used against you. Additionally, in most cases, hearsay evidence should be excluded. An example of hearsay evidence would be someone testifying that they were told by someone else that you committed the crime.  

It is vital that you point out any weaknesses in the evidence being used against you. By having legal guidance behind you, you can ensure that this is done.