Inadmissible Evidence In Florida Drug Cases
The average person is well aware that if you are charged with a crime, it is the evidence that will acquit or convict you. However, it is less commonly understood that not all evidence is admissible in court – that is, some evidence cannot be used against a person because of the way it was obtained. If you believe this has happened in your case, consulting an experienced attorney can make all the difference.
Not All Evidence Is Admissible
Both the U.S. government and each individual state have evidence codes, in which the standards of evidence for civil and criminal law are laid out – like, for example, that criminal convictions require evidence “beyond a reasonable doubt.” In addition, evidence codes lay out the rules of hearsay, which govern whether or not a statement made outside of court is admissible or not, and the rules governing the custody of physical evidence.
There are two main schools of reasons why evidence may be inadmissible. The first is police error (or, as some argue, deliberate malice). Some of the most common police mistakes in these types of cases include:
- Violating Miranda v. Arizona (1966) by failing to read rights or to honor a refusal to talk;
- Searching a location without consent or a warrant;
- Mishandling physical evidence – that is, breaking the chain of custody, which means that the evidence is not accounted for; and
- Making threats or actually using force on a suspect, among others.
Any of these violations can exclude evidence because they do not follow procedure and create reasonable doubt about whether the evidence is valuable or manufactured.
Evidence Must Fit Letter Of Law
The second group of reasons why evidence may be inadmissible is evidence simply not meeting the tenets of the law (or the exceptions therein). Alternatively, the rules of hearsay sometimes allow evidence to be admitted instead of excluding it, if the evidence meets an exception. The classic example is an ‘excited utterance’ – if, for example, a man is arrested and exclaims, “Let go of my weed!” when an officer is lawfully searching them, his statement is admissible as a confession that he has cannabis in his possession.
Alternatively, physical evidence may be inadmissible if obtained in an illegal search, even if it definitely establishes guilt or innocence on the part of the defendant. The legal system must follow its own rules, or the average person will lose faith in its ability to make judgments. If you are suspicious that evidence should have been excluded in your case, or are unsure about it moving forward, contacting an attorney can help to ease your mind.
Contact A West Palm Beach Drug Offenses Attorney
It can be confusing to try and understand what type of evidence will and will not be admissible in a drug case, but the right attorney can help clarify matters for you. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can answer your questions and protect your rights as you go through the legal process. Call our office today to schedule a consultation.
Source:
supreme.justia.com/cases/federal/us/384/436/
