Know Your Rights: How To Suppress Illegally Obtained Evidence
The Fourth Amendment to the U.S. Constitution protects you against illegal searches and illegal seizures. With limited exceptions, police officers generally need a warrant from a judge to conduct a search. Were you subject to an illegal search in Florida? You have legal options available. You can take action to get illegal evidence excluded from a criminal case. In this article, our Orlando criminal defense lawyer explains the most important things to know about filing a motion to suppress illegally obtained evidence.
The Exclusionary Rule is Your Strongest Criminal Defense Remedy Against an Illegal Search
Imagine that you were subject to an illegal search in Orange County, Florida. During that search, a police officer claims that they found evidence of a crime. You are arrested and charged with a serious criminal offense based on that evidence. Perhaps a police officer entered your house without a warrant and without probable cause and found illegal narcotics.
In this scenario, you would have legal options available to protect yourself. The exclusionary rule is a legal principle in criminal defense law that states that prosecutors cannot use most forms of illegally obtained evidence in court. Indeed, prosecutors have a proactive duty to avoid introducing evidence that they know to be illegal.
A Motion to Suppress is Your Best Option to Challenge Illegal Evidence in Florida
The unfortunate reality is that prosecutors do sometimes try to rely and obtain convictions using evidence obtained through an illegal search. As a defendant, you have important legal rights. You do not have to sit back and allow the prosecution to enter evidence unchallenged. Your Orlando, FL criminal defense lawyer can file a type of petition called a ‘motion to suppress.’ In effect, a motion to suppress argues that a specific piece of evidence being introduced by prosecutors was illegally obtained and therefore, based on the exclusionary rule, cannot be allowed into court.
Criminal Defense Strategies Should Be Proactive
A motion to suppress evidence can be a powerful and effective part of a comprehensive and proactive criminal defense strategy. Ultimately, the government has the burden of proving the defendant’s guilt beyond a reasonable doubt. To meet the burden, prosecutors must introduce reliable evidence. If certain illegally obtained evidence can be excluded from the trial through a motion to suppress, the prosecution’s case will be far weaker. They may not be able to move forward at all. In some cases, criminal charges are dropped outright after the prosecution loses the ability to introduce illegally obtained evidence.
Call Our Orlando, FL Criminal Defense Attorney for a Confidential Consultation
At The Baez Law Firm, our Orlando criminal defense lawyer is an unparalleled advocate for justice. If you are being charged through illegally obtained evidence, we are here to help. Give us a call now or contact us online to set up your strictly confidential case review. From our law office in Orlando, we provide criminal defense representation throughout all of Central Florida.
Source:
constitution.congress.gov/constitution/amendment-4/