For state prosecutors to secure criminal convictions, they must bring appropriate charges backed by credible evidence. The accusations the state makes against an individual must have enough supporting evidence to convince jurors beyond a reasonable doubt that they committed the crime.
Criminal defense strategies often focus on countering or reinterpreting evidence. However, criminal defense attorneys can also suppress evidence in some situations. Evidence suppression involves asking the courts to set aside evidence the prosecution intends to present by showing that there are issues with how the evidence was obtained. The exclusionary rule facilitates evidence suppression in cases where defendants experience a violation of their rights.
What is the exclusionary rule?
The exclusionary rule is a criminal justice standard that has a basis in the Fourth Amendment to the U.S. Constitution. Under the Fourth Amendment, people have protection from unreasonable searches and unnecessary property seizures. Police officers should only conduct searches in scenarios when they have reasonable justification for doing so.
The exclusionary rule applies in cases where police officers break the law or violate an individual’s rights. Police officers may have entered a property without a warrant or consent, for example. In such cases, the physical evidence located during the resulting search may be subject to suppression.
The exclusionary rule may also apply in scenarios where police officers fail to provide the Miranda warning before questioning an individual who is in custody. When clear violations of a person’s rights occur, state prosecutors may not be able to use any evidence obtained through inappropriate conduct.
All evidence obtained during a traffic stop without adequate legal justification could be subject to challenges under the exclusionary rule. Any confessions or contradictory statements made during questioning could also end up being suppressed under the exclusionary rule.
Evidence suppression can lead to the dismissal of charges or a better chance of acquittal during a criminal trial. Defendants should discuss police officer conduct with an experienced criminal defense attorney to determine whether it is possible to suppress evidence before the trial begins.