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seizure Tag

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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Legality of the Car Search in Oklahoma

Legality of the Car Search in Oklahoma

During DUI arrests in Oklahoma, police may be able to legally search the driver’s automobile. But wait – you may say – doesn’t the Fourth Amendment protect people against unreasonable searches and seizures of their property? Yes, and so does Article 2, Section 30 of the Oklahoma Constitution. However, several exceptions apply during traffic stops that could allow police to search your car. Police usually must have a search warrant to conduct an automobile search. If there was no warrant, the courts assume that the search was unreasonable, and the government must demonstrate that the search was reasonable. Otherwise, evidence from...

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