Suppression of evidence
Encyclopedia
Suppression of evidence is a term used in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 legal system
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 to describe the lawful or unlawful act of preventing evidence from being shown in a trial. This could happen for several reasons. For example, if a judge believes that the evidence in question was obtained illegally, he can rule that it not be shown in court. It could also refer to a prosecutor improperly or intentionally hiding evidence that he or she is legally obligated to show the defense. In the latter case, this would be a violation of the 5th amendment to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

. This can result in a mistrial in the latter case and/or the dismissal of the prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

.

Exceptions

If the discovery of an item(s) was obtained by illegal means, it may still be allowed into evidence under some circumstances. These exceptions include:
  • Inevitable discovery - if discovery of the evidence was inevitable via purely legal means
  • Independent source - if the discovery involved a combination of legal and illegal means, but the illegality was of marginal significance, such that the evidence could have been discovered based on the legal source alone
  • Standing
    Standing (law)
    In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...

     - the violation affects the rights of someone other than the defendant, and the defendant does not have standing to complain
  • Good faith - the illegality is not the fault of the law enforcement officers who obtained the evidence, who did so pursuant to a facially valid warrant granted by a neutral and detached magistrate.
  • Attenuation - If the relationship between the illegality and the nature of the evidence obtained is reduced sufficiently for the evidence to be considered untainted (e.g., use of a booking photo from an unlawful arrest to identify the defendant in a lineup)


Evidence obtained as a result of Miranda
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...

violations is also subject to special analysis, depending on whether the statement is deemed voluntary or coerced, not merely whether police provided the appropriate warnings.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK