If an officer searches a home illegally, and finds absolute proof that this person had stolen something?
Find answers to your legal question.
If an officer searches a home illegally, and finds absolute proof that this person had stolen something?
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If an Officer searches a home illegally, and finds absolute proof that
This person has stolen something, should the proof be allowed to be used in court?
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Citicop
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Usually, no.
There are a few exceptions though.
Look up "Exclusionary Rule." |
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David H
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No. The prohibition against illegal searches is meaningless if the fruits of illegal searches are allowed into evidence. |
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vikingpntbll
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If evidence is obtained illegally, it is definately not allowed in court |
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laughter_every_day
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Depends on where in the world you are. In the u.s., the Supreme Court has ruled that such evidence can be suppressed. If you are asking if people agree or disagree with the supremes, it really doesn't matter. They are not the supreme court because the are infallible. They are infallible because they are the supreme court. |
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delive_rance
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If an officer searches a house illegally, I do not why would a police officer would want to search a house for example for in the first place? Unless he knew beforehand who lives there and his job. And found proof of stolen things. If the officer knew before hand who lives there is a known theft in the neighborhood and he nonetheless search it for whatever purpose he have in mind and found things of illegal in nature he cannot present this items or stolen things to the court and tell the judge that this guy is a theft yet why would he search the guy place if he doesn't know he is a theft.
The searching of the officer of the house is considered to be ILLEGAL so therefore his action in finding the stuff whether it is stolen or not is immaterial cannot be allowed in court to be evidence of illegal stuff because the manner of obtaining the evidence is ALSO ILLEGAL so you cannot add ILLEGAL + ILLEGAL= legal? No this is not correct. Once illegal cannot be legal in the course of action. Unless the judge is corrupt yes this equation is correct. |
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Ed F
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No, it will not be admitted as evidence.
How did the cop get into the home if not invited in? |
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sanchito1313
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No it is fruit of a poisonous tree and the court won't allow it.
The only thing you can do is conduct a separate investigation and come to the same conclusion. That evidence will be allowed but not the evidence illegally collected. |
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