Final Project for Criminal Evidence and Procedures Essay

2006 Words9 Pages
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.

Judges have fairly broad discretion. If
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At that point, the prosecution will be bound by the court's prior decision and will have to either show a new avenue of having obtained the evidence which is not tainted or having something new to offer. Most important, this time around the prosecution will have the burden of proof to demonstrate that the evidence it expects to offer at trial is admissible rather than the defense having the burden to show the evidence is inadmissible. That shift benefits the defense because the prosecution has a very difficult task to overcome the court's prior ruling. That can take several forms. Most commonly the prosecution will argue that the same evidence and/or additional evidence was discovered via a different source or a different mechanism. For instance the prosecution may have found additional witnesses not known to them before who gave information which led to connecting the accused to alleged crime. They may have discovered additional or different physical evidence from a legitimate source which connects the accused to the alleged crime.

Absent a more specific list of evidence, the best that can be stated is general rules about search and seizure. The ultimate rule of law is that any search done without judicial pre-approval or a warrant is presumptively invalid. The process of obtaining a warrant is that a judge or magistrate makes a determination based on

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