What are the rules on evidence-gathering in criminal cases?
In Florida, evidence-gathering rules in criminal cases are guided by the concept of "reasonable suspicion". This means that the police must have reasonable suspicion that a criminal act has been committed before they can search for evidence. For example, if the police are investigating a burglary, they must have reasonable suspicion that a burglary has occurred before they can search for evidence. The police can use a variety of methods to gather evidence in criminal cases, such as interviewing witnesses, taking photographs, or collecting physical evidence like fingerprints. The police must also obtain a search warrant in order to legally search a residence or to seize items from it. The warrant must be signed by a judge and must describe the items to be seized. In cases where the police believe a suspect committed a crime, they may temporarily detain the suspect in order to search for evidence or question the suspect. However, if the suspect is not charged with a crime or arrested, they must be released. Florida also requires that the evidence be obtained legally and that it not be obtained through coercion or improper methods. All evidence, including physical evidence and witness testimony, must be recorded in writing, photographed, or videotaped to ensure that it is authentic and accurate. Evidence that is illegally obtained or that has been obtained through coercion or improper methods is not admissible in court. Furthermore, the defense may challenge evidence that is inadmissible or that appears to have been obtained illegally.
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