The United States Supreme Court has the final “say” when interpreting the United States Constitution, and through its decisions or rulings on cases, it creates precedent or case law that lower courts are required to follow. The Constitution is also interpreted by the Circuit Courts of Appeal and the U.S. District Courts, as well as state courts. When the police do not follow the rules determined by the courts, the prosecutor risks losing the ability to use evidence that was unlawfully obtained. This is often referred to as the “exclusionary rule” or the suppression of evidence. Contrary to popular belief, a successful motion to suppress determines the outcome of far more cases than a jury trial.

At this point you might be wondering, “How can a book about protecting my rights stop the police from violating my rights?” Unfortunately, there may not be anything you or this book can do to change police behavior, but that that doesn’t mean you can’t protect your rights. If you consent to a search or voluntarily give an incriminating statement, the police don’t have to worry about violating your rights because you have already given them away. If you protect your rights, the police have to make a choice: follow the rules or violate your rights. If they violate your rights, a lawyer has a fighting chance of filing a successful motion to suppress evidence, which may result in a dismissal of your case. Give your lawyer a fighting chance by protecting your rights.

If you do protect your rights and the police violate the law, evidence can be suppressed from two distinct sets of circumstances. Once again, while becoming familiar with these situations may not necessarily help you protect your rights, it may help you discuss an incident with your lawyer and make you a more effective client. Knowledge is power.

Exclusionary Rule

First, evidence may be suppressed if it was obtained through some form of illegal search. Weeks v. United States, 232 U.S 383 (1914)... (click here to read more)