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3 examples of police conducting an illegal search and seizure

Searches allow police officers to find evidence or possibly take a suspect into custody. Seizures are when police lawfully take property either as evidence or because that property will soon be forfeited due to its involvement in or relationship to criminal activity. Unfortunately, sometimes, police officers violate people’s rights when they conduct searches or take

State Wins a Search and Seizure Appeal

Most appeals of search and seizure evidentiary rulings in criminal cases are appeals by a Defendant after a conviction. However, as these are legal rulings by a trial court, the State has the option of appealing a ruling excluding evidence. In the recent case of State v. Clark, E2009-01795-CCA-R3-CD (Tenn.Crim.App. 10-24-2011), the Tennessee Court of Criminal Appeals reversed

Defense Win in a Search and Seizure Case

Appellate challenges to trial court rulings on admissibility of evidence in criminal cases, including questions of whether a particular search and seizure was reasonable, do not often result in reversals. Appellate courts must rely on a trial court’s findings of fact and determine whether the trial court’s application of law to those facts was reversible error.

Sometimes It’s Just Bad Luck (Search and Seizure)

The recent Sixth Circuit case of U.S. v. Godfrey, 10-4240 (6th Cir. 6-28-2011) is an interesting example of the “good faith” exception to the exclusionary rule. Generally, evidence obtained from a warrantless search and seizure, not covered by a recognized exception to the warrant requirement, is inadmissible against an accused in a criminal case. The exclusionary rule exists

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Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

Knoxville Criminal Defense Lawyer | DUI Law Firm | TN

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