In some cases, one tactic to defend against accusations or criminal charges is to have evidence excluded from the case. The evidence may have otherwise led to a conviction.
But how can this be done? Often, the issue arises when the police make serious mistakes in how they gather or handle evidence. These errors could render the evidence invalid and inadmissible during a trial. If the excluded evidence was the key to the prosecution’s case, you can imagine how that dramatically changes the outcome of the trial. Below are two examples.
1. Illegally gathering evidence
One issue occurs if the police act illegally while gathering evidence. Under the fruit of the poisonous tree doctrine, evidence obtained following an illegal action may have to be excluded.
For example, if the police didn’t have consent or a search warrant but forced their way into someone’s house to conduct a search, they violated the homeowner’s rights. Even if they found clear evidence, such as illegal drugs, they may not be able to use it to secure a conviction.
2. Mishandling evidence
Even when evidence is initially gathered lawfully, it could be mishandled afterward. For example, officers may fail to properly file and book the evidence, meaning it wasn’t stored in a secure location. This can raise numerous questions about who had control of the evidence at critical times, whether it was tampered with or contaminated and whether it can still be trusted during the criminal case.
This process can be fairly complex. Those facing serious accusations, especially when significant questions arise about the evidence, must understand what legal steps to take.