What are the rules on evidence-gathering in criminal cases?

In California, the rules regarding evidence-gathering in criminal cases are based on Constitutional law. In particular, the Fourth Amendment protects individuals from unreasonable searches and seizures. This means that when officers are charged with gathering evidence in criminal cases, they must do so without violating the rights of suspects or compromising evidence. Generally, police need a search warrant to search a private property or person. To obtain a search warrant, the police must provide an independent judicial officer with information that establishes probable cause that evidence of the crime in question will be found at the search location. Evidence gathered without proper search authority may be inadmissible in court. In addition, the police may also obtain evidence without a search warrant in certain circumstances, such as if they have consent from the owner of the property or if they happen upon evidence while lawfully on the premises. It is important to note that any evidence obtained illegally or in violation of a suspect’s Constitutional rights may be suppressed in a criminal trial. The exclusionary rule is a judicial doctrine that prohibits the use of any evidence gathered in violation of the Fourth Amendment. This means that any illegally obtained evidence will be excluded by the court, regardless of its probative value. Therefore, it is important for police officers to understand and abide by the rules related to evidence-gathering in order to ensure that any evidence obtained is legally obtained and may be used in a criminal trial.

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What are the rules on evidence-gathering in criminal cases?

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