When individuals in Florida and elsewhere are accused of drug crimes, he or she is likely overwhelmed. It is not only the charges themselves that are overwhelming. The evidence piling up against the accused can make one feel hopeless in this emotional and difficult matter. However, one should not that just because evidence exists does not mean it is automatically credible and usable in court. There are mechanisms to weed out evidence, even helping a defendant to clear his or her name.
How do you suppress evidence in a criminal action? The exclusionary rule can be used to challenge evidence used against a defendant. This rule is designed to prevent the government from using evidence that was gathered unlawfully. This typically applies when evidence was obtained in violation of the defendant’s Fourth Amendment rights against an unlawful search and seizure. For example, if a search was conducted without a search warrant, the evidence obtained during this search will likely be inadmissible at court.
The fruit of the poisonous tree doctrine can also apply. This is when evidence, testimony and even confessions can be excluded from trial based on an illegal search or other constitutional violation. For example, if a suspect tells law enforcement where to find a weapon used in the commission of the alleged crime, but the suspect was not read their Miranda Rights, the weapon found later could be found inadmissible.
Facing criminal allegations is a serious matter. A person’s life can feel completely dismantled when accused of drug crimes. Thus, it is important to take steps to protect one’s life, reputation and future. A strong criminal defense strategy could help a defendant reduce and even dismiss the charges against them.
