Not all evidence is automatically allowed in court. If it was obtained in violation of your constitutional rights, the court may exclude it from your case. This follows a motion to suppress filed by the defense team before trial.
When a judge grants the motion, the evidence in question cannot be used against you. Common examples include evidence obtained through:
- An unlawful search or traffic stop
- Statements taken without a proper Miranda warning
- Intimidation tactics by law enforcement or coerced confessions
It’s also worth noting that it’s not just the illegally obtained evidence itself that gets excluded. Any additional evidence discovered as a result of that initial violation may also be affected. For example, if police conducted an unlawful traffic stop, found a phone, and then used that phone to uncover further evidence, that “discovered” evidence may also be deemed inadmissible in court.
A case dismissal is not guaranteed
Even when evidence is excluded from your case because it was obtained illegally, it doesn’t mean your case will automatically be dismissed. The prosecution may still build its case using other independent evidence. The outcome depends on the particulars of your case.
For instance, if the illegally obtained evidence is the backbone of the prosecution’s case, excluding it can leave them with nothing substantial to stand on. At that point, the charges may be reduced or dismissed entirely.
Your rights may have been violated
Many defendants don’t realize their constitutional rights were violated by law enforcement and how those violations can influence the outcome of their case. The same goes for other mistakes by the police, such as improper handling of evidence in their custody.
If you’re facing criminal charges in Arkansas, it’s important to remember that the way your case began matters just as much as the charges themselves. A professional scrutiny of your case can help uncover any constitutional violations, procedural mistakes or other issues that may not be immediately obvious but can significantly strengthen your position and overall defense strategy.