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What if I am arrested after an illegal search?
Sometimes, after a person is charged with a crime, an attorney can prepare and file a motion to suppress evidence. In general, this type of motion will attempt to show the court that the manner in which the evidence was seized was in violation of the constitution. If the lawyer can successfully convince the judge that the evidence against you was illegally obtained, then the judge has the authority to suppress or throw out whatever evidence the State may have against you.
However, even where evidence may have been illegally seized, there is no guarantee that the judge will suppress it as there are many exceptions to this rule as well. For example, if the police can show that they acted in good faith when they violated your rights, the judge may excuse their conduct and allow the evidence to stay in and be used against you.
(Updated December 5, 2007) |
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