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When might evidence be inadmissible?

On Behalf of | Jun 10, 2024 | Criminal Defense

All criminal cases center around evidence. The stronger the evidence of the prosecution, the more likely a conviction. At the same time, if the defense can poke holes in that evidence, then this casts reasonable doubt over the case. 

In some situations, evidence may be inadmissible. This means that it cannot be used in court. When might evidence become inadmissible

If you were stopped without just cause 

The police cannot unjustly interfere with your right to privacy. You are welcome to have a conversation if you wish, but you are also free to walk away if you have not been accused of an offense. You cannot be detained or arrested for arbitrary or prejudicial reasons. 

In terms of when you are driving, the police can only stop you if they have reasonable suspicion that an offense has been committed. For example, if a driver swerves over the centerline, then officers may have a reasonable suspicion that the driver is impaired. Without reasonable suspicion, drivers cannot be pulled over. 

Other unjust actions 

Many cases revolve around physical evidence. To find this evidence, the police may need to conduct a search. All searches must be carried out lawfully. This means that the search has to be based on probable cause. Officers cannot go on “fishing expeditions” in the hope that they stumble upon some evidence of criminality. Evidence produced from an unlawful search is likely to be inadmissible in court. 

These are just two ways that evidence may be deemed inadmissible. To test the evidence against you, it will be beneficial to have sound legal guidance on your side.