Every criminal charge requires a unique response. The specific allegations brought by the state, the evidence collected and the history of the defendant all influence the most effective response to pending criminal allegations.
In some cases, challenging the use of certain evidence can be a key part of a defense strategy. Defense attorneys can invoke the exclusionary rule to undermine the strength of the state’s case or possibly convince the prosecutor to dismiss the charges. In cases where it applies, the exclusionary rule can be a powerful tool for defense teams.
What is the exclusionary rule?
Explicit protections outlined in Constitutional amendments and established by court rulings help protect criminal defendants from abuse by the state. The exclusionary rule is a criminal court standard related to police misconduct.
Specifically, if police officers break the law or violate a person’s rights during questioning or a search, it is possible to suppress or exclude evidence from the criminal proceedings. The Fourth Amendment protects people from unreasonable searches and property seizures, and the exclusionary rule is one means of asserting that right.
If police officers conduct an inappropriate traffic stop based on racial profiling and then find evidence of alcohol impairment, the exclusionary rule might allow for the suppression of any evidence gathered during that inappropriate traffic stop. The exclusionary rule can also apply to statements and confessions made after a Miranda violation.
Evidence suppression using the exclusionary rule can be a viable tactic in a variety of circumstances. The ability to suppress evidence can have a powerful impact on a criminal case. Reviewing police officer conduct with a criminal defense lawyer can help defendants explore their options.