Arrest, Search, Seizure, Warrant RIGHTS AND REGULATIONS

[Seth white]

Jurisdiction

California

Hi, I'm just inquiring about a case I read about and had some questions. What is the 4 amendment limited too, what evidence can be obtained and how is this evidence supposed to be obtained? I'm just curious on the right we have to the presumption of innocence until proven guilty. What freedoms do the police have when gathering evidence, and what would be submissible in court? If illegally obtaining evidence is found to be true how will this effect the case in question? Even if the evidence is thrown out after presented this still will diminish the appearance of innocents, so how can that be right to just say the evidence has been stricken from the record after already heard? Does this result in a mistrial in some cases and if so what does the term mistrial in tell?

 

[adjusterjack]

Google the 4th amendment and you'll find a ton of information that will answer all your questions.

 

[army judge]

Hi, I'm just inquiring about a case I read about and had some questions. What is the 4 amendment limited too, what evidence can be obtained and how is this evidence supposed to be obtained? I'm just curious on the right we have to the presumption of innocence until proven guilty. What freedoms do the police have when gathering evidence, and what would be submissible in court? If illegally obtaining evidence is found to be true how will this effect the case in question? Even if the evidence is thrown out after presented this still will diminish the appearance of innocents, so how can that be right to just say the evidence has been stricken from the record after already heard? Does this result in a mistrial in some cases and if so what does the term mistrial in tell?

In some cases, having the FRUITS of an ILLEGAL search thrown out, can also cause a case to be thrown out.

I suggest you discuss the matter that vexes you with your attorney, or research it further on the Internet or at a library.