In any criminal case, the evidence presented by the prosecution can make or break the case. However, not all evidence is admissible in court. There are several legal principles and strategies that a skilled criminal defense attorney can use to exclude evidence that violates your rights, is improperly obtained, or is unreliable. Here's an overview of the most common ways to challenge and exclude evidence in a criminal case

1. The Exclusionary Rule: Illegally Obtained Evidence

One of the most fundamental ways to exclude evidence is by invoking the exclusionary rule, which prevents evidence obtained in violation of your constitutional rights from being used in court. This typically applies to evidence obtained through illegal searches and seizures under the Fourth Amendment.

Example: If the police conducted a search of your home without a valid warrant or probable cause, any evidence found during that search may be excluded.

2. Challenging Search Warrants

Even when the police have a warrant, the warrant must meet certain legal requirements to be valid. A defense attorney can challenge the validity of a warrant on several grounds:

The warrant was not based on probable cause.

The warrant was overly broad or vague.

Law enforcement exceeded the scope of the warrant.

If the warrant is found invalid, any evidence obtained as a result of the search can be excluded.

3. Miranda Violations: Statements Made Without Proper Warnings

Under the Fifth Amendment, you have the right to remain silent and the right to an attorney during custodial interrogations. If law enforcement fails to inform you of your rights (Miranda rights), any statements or confessions made during that time may be inadmissible.

Example: If you were coerced into confessing without being informed of your right to remain silent, your confession can be excluded from evidence.

4. Chain of Custody Issues

For physical evidence to be admissible, the prosecution must establish an unbroken chain of custody, showing that the evidence was properly handled and not tampered with. Any gaps or irregularities in the chain of custody can raise doubts about the integrity of the evidence, potentially leading to its exclusion.

Example: If a piece of evidence is not logged or is mishandled by law enforcement, the defense can argue that it is unreliable and should not be admitted.

5. Hearsay Evidence

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Generally, hearsay is not admissible unless it falls under one of the recognized exceptions. A defense attorney can challenge hearsay evidence by arguing that it does not meet any exceptions or that it is unreliable.

Example: A witness cannot testify about what someone else told them unless the statement falls under an exception, such as an excited utterance or a statement made under the belief of impending death.

6. Improperly Conducted Lineups or Identifications

Eyewitness identifications can be powerful, but they are not always reliable. If a lineup or photo array was conducted in a way that was suggestive or unfair, a defense attorney can challenge the identification as inadmissible.

Example: If law enforcement officers suggest which individual in a lineup is the suspect, the identification can be excluded as tainted.

7. Prejudicial vs. Probative Evidence

Under the rules of evidence, the court may exclude evidence if its prejudicial effect outweighs its probative value. This rule is designed to ensure that the jury is not unfairly swayed by evidence that is inflammatory or irrelevant to the case.

Example: Graphic photos of a crime scene may be excluded if they are deemed more likely to shock the jury than to provide meaningful information about the case.

8. Expert Witness Testimony

Expert witnesses play a crucial role in many criminal cases, but their testimony must meet certain standards to be admissible. If the expert's methods are not scientifically valid or their testimony is not relevant, the defense can file a motion to exclude it.

Example: If a forensic expert uses outdated or debunked techniques, their findings can be challenged as inadmissible.

9. Entrapment

If the defense can prove that law enforcement induced the defendant to commit a crime they otherwise would not have committed, evidence obtained as a result of the entrapment may be excluded.

Example: If an undercover officer coerces a person into selling drugs and the person had no prior intent to do so, evidence from the transaction may be inadmissible.

10. Statements Obtained Through Coercion or Duress

Any statements or confessions obtained through force, threats, or other forms of coercion are inadmissible under the Fifth and Fourteenth Amendments. A defense attorney can argue that such statements were not made voluntarily and should be excluded.

Example: If a suspect was physically intimidated into making a confession, that statement would be inadmissible.

Conclusion

Excluding evidence is one of the most powerful tools a defense attorney has to protect your rights and ensure a fair trial. If critical evidence is excluded, it can significantly weaken the prosecution's case and increase the likelihood of a favorable outcome for the defendant.

At Liberators Criminal Defense, we specialize in identifying and challenging inadmissible evidence to provide our clients with the strongest defense possible. If you're facing criminal charges, contact us today for a consultation. Our experienced team is ready to protect your rights and fight for the best outcome in your case.