It is well-established in American law that evidence gathered through unlawful means cannot be used in a criminal prosecution. The United States Constitution, the Texas state constitution, and Texas state law all embrace this concept. What it all amounts to is, the police have rules they must follow when investigating a crime. If they do not follow those rules, any evidence they uncover while breaking the rules cannot be used as evidence in the prosecution of that crime. For example, if police gather evidence without a warrant in a situation where they are supposed to have one, or lie to a judge to get a warrant, any evidence they find in those illegal searches cannot be used in a criminal case. This can result in someone who appears to be guilty avoiding conviction. Sometimes people or the media refer to this as getting away with a crime because of a “technicality,” but that technicality is actually the law enforcing your rights and curbing wrongful behavior by police.
The U.S. Constitution Sets Forth Key Protections
From almost the very beginning of the country, the U.S. Constitution has set forth protections against government misconduct. The Fourth Amendment forbids the government – including the police – from conducting “unreasonable” searches and seizures and sets forth requirements for warrants to legally conduct searches. The Fifth Amendment similarly sets forth government protections of individual rights, including due process, the right to a fair trial, and the right against self-incrimination. Taken together, these two amendments enshrine the rights of those accused of criminal misconduct. The Texas Constitution largely adopts the language – and certainly the intent and effect – of those two amendments.
What does this mean for you if you are charged with a crime? Between the case law that has arisen under the Fourth and Fifth amendments, Texas constitutional law, and Texas statutory law, as well, evidence that is gathered in violation of your rights cannot be used against you at trial. Texas law states that “no evidence” obtained in a manner that violates laws or constitution of Texas, or in violation of the U.S. Constitution, is admissible in court. Under U.S. constitutional law, this is known as the “exclusionary rule.” If you can show that the police acted improperly in gathering evidence against you and violated your rights, that evidence is excluded. So is any evidence obtained as a result of the illegally obtained evidence. This applies to physical evidence, a confession, or any other evidence that police obtain in violation of your rights. To exclude illegally obtained evidence, you file a motion to exclude the evidence. The court will hear evidence and arguments, then decide the motion on its merits.
If Police Gathered Evidence in Violation of Your Rights, Talk to Madrid Law Firm
If you have been charged with a crime in the Houston area and believe evidence against you was obtained illegally, you need to talk to a criminal lawyer. Under those circumstances, you should talk to Madrid Law Firm and see what can be done about your situation.
