Evidence shapes every criminal case. Courts require proof that follows the Constitution and the rules of criminal procedure. When we see evidence collected in violation of your rights, we move to block it from being used against you. This is called an illegally obtained evidence defence. Our work focuses on how police obtained the evidence, whether it followed the law, and how to present challenges that protect your rights in court.
Common Examples of Unlawful Evidence
Police sometimes seize physical evidence without a proper warrant. If officers enter a home or vehicle without legal authority, any evidence they collect may be thrown out. Statements from a suspect also come under review. If officers question you without giving Miranda warnings or pressure you into a confession, those words may not belong in front of a jury.
Other problems appear in the way forensic evidence is handled. If police ignore the rules for collection or break the chain of custody, the reliability of the evidence falls apart. The same goes for evidence gathered without access to legal counsel. These issues directly affect fairness at trial. Our job is to identify those weaknesses and push for exclusion of evidence that the prosecution relies on.
Fourth Amendment Protections
The Fourth Amendment protects you from unreasonable searches and seizures. Police need probable cause or a valid warrant to search your property. If they act outside of those boundaries, the Constitution allows us to challenge what they find. Courts often exclude evidence obtained through illegal searches because the law requires that protection.
Privacy expectations matter as well. If the police search an area where you have a right to privacy without legal grounds, we use that argument to suppress evidence in a criminal case to improve the results. These protections form the foundation of your defense. They ensure that the justice system respects your rights instead of rewarding violations of them.
Motions to Suppress in Court
We use motions to suppress to ask the judge to keep out evidence obtained illegally. The motion explains how law enforcement broke the rules and why the court should not consider the evidence. Once we file, the court schedules a hearing. During that hearing, we question the conduct of police, examine their reports, and show how their actions broke the law.
If the judge agrees, the prosecution loses that piece of evidence. Without it, the case may weaken to the point where charges are reduced or even dismissed. Motions to suppress are not just legal paperwork. They are one of the strongest tools we have to protect your rights and force the state to prove its case fairly.
Impact on the Prosecution’s Case
When evidence disappears from the case, the prosecutor often struggles to move forward. For example, without a confession, they may have no direct proof of involvement. Without drugs or weapons, they may not have physical proof of possession. This pressure can lead to lower charges, plea offers, or case dismissal.
Attorney Strategies That Protect Your Rights
We use several strategies to defend against unlawful evidence. First, we examine how the police conducted the search. If the warrant had errors or if officers acted without one, we challenge the search. Second, we analyze any statements made during questioning. If you spoke without full Miranda protections, we move to exclude the statement.
We also review how evidence was handled after collection. If the chain of custody shows gaps or mistakes, we raise those flaws in court. Our work may involve independent investigations, expert testimony, or a detailed review of police reports. Each tactic aims to expose weaknesses in the prosecution’s case and to strengthen your defense.
Schedule a Consultation with a Criminal Attorney
If you face criminal charges, you should not ignore how the state collected evidence against you. Contact Phillips Carson Phillips today by calling (912) 232-0081 for a free consultation with a Savannah criminal defense attorney/lawyer. We offer consultations, so you can discuss your case directly with us. During the meeting, we review the facts, examine the evidence, and explain how we may challenge it.