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Excluding Illegally Seized Evidence in Court

Excluding Illegally Seized Evidence in Court

Having illegally seized evidence excluded from consideration in court is the most important part of some criminal cases. Exclusion of this evidence goes to the heart of your Fourth Amendment right protecting you against unlawful search and seizure. The exclusionary rule prevents the prosecutors from using illegally obtained evidence against you in court, even if that evidence is incriminating. All evidence used must be relevant, or directly related to the charges against you, and competent, or collected and handled legally. When evidence is not either relevant, competent, or both, it may be excluded. There must be a valid search warrant or...

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