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Houston DWI Lawyer > Blog > Criminal > Did Law Enforcement Gather Evidence Illegally?

Did Law Enforcement Gather Evidence Illegally?


When there is a Texas criminal investigation, law enforcement agencies play a crucial role in gathering evidence to build a case against the accused. While most law enforcement professionals act with integrity, there are some situations in which an individual has resorted to illegal methods in order to obtain evidence.

Situations that have resulted in illegally obtained evidence include unlawful search and seizure, coercive interrogation, and entrapment. You have protections under the Fourth and Fifth Amendments of the US Constitution, and any violation of your rights needs to be taken seriously. To protect your rights, discuss the details of your arrest with a Houston criminal lawyer.

Illegally Obtained Evidence Is Not Submittable In Court

When evidence is obtained illegally, it cannot be used in court against the individual accused of a crime. It could be possible to have your charges completely dismissed if a criminal defense lawyer is able to prove that law enforcement participated in illegal evidence gathering. Or, your attorney could file a motion to suppress evidence, arguing that the evidence was obtained illegally.

The Fourth Amendment protects US citizens from unreasonable searches and seizures by the government. Because of this, law enforcement officials must have a search warrant or probable cause. If they fail to meet the legal standards they are required to follow, any evidence obtained from an illegal search is not admissible in a court of law.

And in cases where law enforcement agencies use coercive methods to obtain a confession, a criminal defense lawyer can use their knowledge and experience to challenge the validity of the confession. The Fifth Amendment protects citizens from self-incrimination, this is why arrested individuals have the right to remain silent.

If you made any statements when in custody, it is important to know that any statement made by the accused during a custodial interrogation must, by law, be voluntary. Plus, information should only have been shared after you were advised of your Miranda rights. When law enforcement officials fail to advise the accused of their rights, or if they use coercive methods to obtain a confession, the validity of the confession can be challenged.

Questioning Evidence Is Only One Defense Strategy

Criminal defense lawyers are skilled in listening to their clients and developing a defense strategy for their specific situation. When evidence can be suppressed, it can weaken the prosecution’s case and potentially lead to a dismissal of charges, but even if evidence is not suppressed, another defense strategy could be employed. There could be a way for your Houston criminal lawyer to challenge a witness’s credibility, for instance.

Is illegally obtained evidence part of your case? Share your concerns with the skilled legal team at Ayson Law Firm. A seasoned criminal defense lawyer will compassionately listen to your arrest story, and then they will use their knowledge and experience to create a strong defense strategy. And before a path forward will be pursued, all of the case evidence will be analyzed and assessed. Contact Ayson Law today for a free consultation.

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