Bad Searches and Admissible Evidence

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Messy Military Lawyer. Today’s Public Service Announcement involves this theme in that I keep seeing in a lot of threads to my videos, which is this idea that if its a bad search it won’t be admissible in court.

 

I think the number one thing that people forget when they think about what will be admissible involves whether or not it was actually government action. Okay. You’re right. Absolutely. 100%.

If the law enforcement authorities make a mistake with a bad search and it’s deemed a bad search then that evidence will be suppressed. But more often than not, what I’m also really hearing a lot of my content toward is people protecting their privacy even from people they otherwise would trust. But understand if a private person acting in their private capacity gets into your phone that’s not a bad search.

Everything that they find and that they can turn over to law enforcement, even if law enforcement didn’t have a probable cause search or go through the right procedures, all of that is admissible. Again, the only stuff that’s going to be kept out in a court or anything that’s criminal is going to be evidence that’s obtained if it was the government doing it. But the government can receive it even if it was done in violation of your otherwise right to privacy. Messy military lawyer.

Jocelyn Stewart is a UCMJ court-martial attorney who specializes in defense of allegations of sexual assault for all branches of the military worldwide.

Contact the Law Office of Jocelyn C. Stewart at 253-212-958

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