When charged and facing a criminal trial, the prosecution must prove that you committed the crime you are accused of by introducing evidence of guilt beyond a reasonable doubt. However, defendants might be convicted with illegal evidence if they do not have an attorney to contest it.
Our defense attorneys can explain how the U.S. Constitution allows us to make “suppression” arguments that will keep the evidence out of court. You have a constitutional right against the police’s unreasonable search and seizure, and evidence taken in violation of them can bar the prosecution from using it in your case. Perhaps the police searched your home without a warrant or your car without probable cause. Other times, the police collect illegal evidence by questioning you about the crime without reading your Miranda rights. Our team can file motions with the court to suppress this illegal evidence so that it cannot be used against you.
For a free case review, contact our New Jersey criminal defense attorneys at Law Offices of John J. Zarych today by calling (609) 616-4956.
How Illegal Evidence Can Be Barred in a Criminal Case in New Jersey
The law must be followed by everyone, including the police and prosecutors trying to investigate and prosecute crimes. When they fail to follow the rules and violate your rights, illegal evidence can be kept out of your criminal case under a combination of constitutional and Supreme Court rules.
The 4th Amendment to the U.S. Constitution protects every person, regardless of citizenship, against unreasonable searches and seizures. If illegal evidence is seized during an unlawful search, our New Jersey criminal defense lawyers can argue for “suppression” so that the prosecution cannot use it. If the police did not have a warrant or a recognized exception to the warrant requirement, the judge in your case can suppress the illegal evidence obtained, barring it from being used.
The suppression rule, known legally as the “exclusionary rule,” is not actually stated in the 4th Amendment but was crafted from it by the U.S. Supreme Court in the 1961 case Mapp v. Ohio. The U.S. Supreme Court has also derived other significant rules from the Constitution that can be used to suppress the illegal evidence in your case, such as Miranda rights.
If the court agrees with our suppression arguments, the state will be unable to use the illegal evidence in its prosecution, possibly leading to the court throwing it out. After all, it is difficult to prosecute a drug possession case if the substances were illegally seized and suppressed from the case. Essentially, suppression of illegal evidence punishes prosecutors and the police for violating the accused’s due process rights.
When is Illegal Evidence Suppressed in a New Jersey Criminal Case?
To suppress the illegal evidence against you, we must assess the specific facts surrounding the seizure to determine what the police did or did not do that makes the evidence illegal. To balance the suppression rule, the U.S. Supreme Court has also carved out exceptions to the warrant and probable cause requirements in the 4th Amendment that allow the police to preserve evidence that otherwise would be illegal. However, the police only need to have “reasonable suspicion” to initiate a stop with a suspect. When reviewing your case, we will determine if the grounds discussed below can block the evidence from being used:
Illegal Stops
The police can stop and investigate someone if they reasonably suspect they are committing a crime. Reasonable suspicion is a lower standard than probable cause. The police need probable cause for a warrant and to arrest a suspect but only need to articulate a few facts that reasonably support their basis for a stop. For example, if the police notice someone driving close to the center line without going over, they likely do not have probable cause to stop them, but that might be enough to pull them over for reasonable suspicion of DWI.
If the police do not have at least reasonable suspicion to stop you, any evidence they gather should not be allowed in your case. This evidence is known as the “fruit of the poisonous tree.” The stop itself was illegal, so the evidence obtained from it was also illegal and should not be used against you.
Illegal Arrests
Like how a stop needs reasonable suspicion, an arrest needs probable cause. Without meeting this standard, police cannot legally arrest you or search you (aside from some exceptions). Like with the analysis above, arrests without probable cause can also yield illegal evidence, such as a confession obtained from an illegal arrest.
Warrant Violations Without Exceptions
The police generally need a warrant based on probable cause to search someone’s home. The warrant must also be specific and particularly describe the person to be searched, the places that will be searched, and what evidence they reasonably will be seized.
The only time the police can seize evidence without a warrant is if they have an established exception. The most common exceptions are the moveable property exception, which allows them to skip a warrant to search something moveable like a car or backpack, and “exigent circumstances,” which are emergency situations that make it unacceptable to get a warrant first. If the police heard gunfire in a house or chased a suspect to their door and needed to follow them inside, they can do so. Police can also break down a door and enter if they think evidence is being destroyed inside or someone is in danger.
Once lawfully inside, whether because of an exception or because they had your permission to enter, they can seize any evidence in plain view without a warrant.
Miranda Violations
In the 1966 case Miranda v. Arizona, the U.S. Supreme Court affirmed a suspect’s right to remain silent under the 5th Amendment and the right to an attorney under the 6th Amendment. They also created a requirement that police must warn you about these rights before a custodial interrogation. If they fail to read you your rights or violate these rules, prosecutors should not be allowed to use the evidence.
Call Our Criminal Defense Lawyers in New Jersey for Help Fighting Your Charges
Call the Law Offices of John J. Zarych at (609) 616-4956 for your free case review with our Atlantic City criminal defense lawyers.
