When can illegally obtained evidence be used against you, if at all?

Illegally obtained evidence, when used in a criminal case, can have serious consequences. While a defendant or their attorney may argue that the evidence was obtained illegally, the prosecutor and the police will counter that it was legally obtained. This underscores the crucial role of defense attorneys in ensuring that all evidence is obtained and used in a lawful manner.

One example is a statement illegally obtained from a defendant where someone was arrested, put in the back of a police car, and then asked questions without being read their Miranda rights.

Understanding the significance of Miranda rights is crucial. These rights are designed to empower individuals, giving them the choice to remain silent when questioned by the police. While the police are required to read these rights, it's not always the case.

If the defendant takes the witness stand and says something different than what they said in the statement, then the judge is likely to let the police use the statement that they took illegally.

Another example of illegally obtained evidence would be if someone was at another person's house and the police came in and executed an illegal search and found something illegal on the person who was visiting.

The person may not have standing to challenge the search warrant because it is not their house being searched. Even though the warrant was illegally obtained, prosecutors will argue that the visitor does not have any standing.

What do Police Need to Get a Search Warrant?

In order to get a search warrant, police are going to need to be able to show that there is probable cause. For example, a neighbor thinks that another neighbor is selling illegal drugs out of their house. They call the police.

Obtaining a search warrant is not a simple process. It's not enough for the police to act on a neighbor's suspicion. There must be probable cause, and a magistrate or a judge must sign the warrant. This emphasizes the role of judges in ensuring that police actions are justified and lawful.

The police will need to watch and surveil the house. They could even try to buy drugs from someone in the house to justify a search. Even if the defendant is involved in criminal activity, something illegal must be at that specific location for the police to get inside.

Common Mistakes By Police Performing a Search

What are some mistakes that you have seen police make when making an arrest or performing a search? Most of the time, I see the police being lazy and cutting corners; they ignore all the rules and do what they want to do.

For example, police will pull someone over, tell them to get out of the car, and search their car. They don't actually put in the good police work to show a judge that a particular defendant if they were to search him or his location, would have some sort of contraband. This is illegal.

I once had a client who was outside of his house, unloading his car. He happened to be unloading a large quantity of drugs out of the car, but there was no way for anyone else to know that because they were wrapped up in packages.

Meanwhile, the police began a pursuit of someone who ditched their car and started running on foot. The person happened to run down my client's driveway and drop a gun on his way through. The police, of course, can pursue the person onto private property.

They can grab the gun because the gun is evidence. However, what these police officers did was give up, since the guy got away, and instead searched my client's house and car. They found 30 pounds of marijuana and an assault rifle.

I had to file a motion with the judge claiming that the search of my client's car and house was illegal because they did not have probable cause. They had no connection to my client and no probable cause to search the car or the house.

Motion to Suppress Evidence – Penal Code 1583.5

If they thought that there was, then they should have gotten a warrant from a judge. Instead, they just went into the house and searched it. At the preliminary hearing, the judge granted my motion to suppress all the evidence. California Penal Code 1583.5 defines a motion to suppress evidence.

Once the evidence was suppressed, the prosecutors had no choice but to dismiss the case. This underscores the importance of having a skilled Los Angeles criminal defense attorney on your side. With the right legal representation, you can challenge the police's actions and potentially have your case dismissed.