Despite having powers to investigate crimes, the police must conduct themselves in a certain manner. They cannot obtain evidence inappropriately. Otherwise, that evidence becomes inadmissible in court.
What are some of the more common examples of inadmissible evidence?
Evidence is often seized from searches of properties, vehicles and individuals. Generally, this evidence can only be seized if the police have followed the proper procedures, such as obtaining a warrant.
If the police entered a home or vehicle or searched a person without a warrant or probable cause, anything they seized may be deemed inadmissible. The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures.
Traffic violations, such as DUI are a top priority for law enforcement in Virginia. Thus, officers carry out traffic stops and administer breathalyzer tests on a regular basis. However, officers are not entitled to pull a vehicle over just because they feel like it. They must have a reasonable suspicion that an offense has been committed. Evidence obtained from a traffic stop that cannot be justified by reasonable suspicion may be ruled inadmissible.
Hearsay evidence, forced confessions and prejudicial evidence may also be ruled inadmissible in criminal cases. If you're facing criminal charges, then it’s important to start thinking about the strength of the evidence against you. Obtaining as much legal information as possible will help find weaknesses in that evidence if they exist.
]]>This is not necessarily going to be an easy task. After all, you may rely on social media for connection with loved ones, interactions with others who are passionate about the same things that you are, information and support more generally. However, maintaining your freedom and your reputation is the most consequential thing you can do right now. And staying off social media can help.
One of the primary reasons for criminal defendants to avoid social media is the risk of self-incrimination. Posts, comments, photos or even 'likes' can be interpreted in ways that might not be intended. Prosecutors can scrutinize social media activity for any evidence that could be used against the defendant in court. Even seemingly innocent posts can sometimes be taken out of context and harm your defense strategy.
Additionally, what you post on social media can contradict statements made during your case. For instance, claiming financial hardship but then posting pictures of expensive purchases or vacations can undermine your credibility, even if they are taken out of context. The legal system places a high premium on consistency, and discrepancies can severely damage your case.
You might be thinking, “Oh, I’ll just be careful when I’m on social media, I don’t have to stop using it altogether.” But, even with strict privacy settings, the information on social media platforms is never entirely private. Shared friends, screenshots and even platform data policies can lead to personal information reaching unintended audiences, including law enforcement and prosecutors.
At the end of the day, when your freedom and reputation are at stake, it is better to be safe than sorry. It is better to stay off social media for now.
]]>