What are the rules on evidence-gathering in criminal cases?
In New York, evidence-gathering in criminal cases is strictly regulated to ensure the accuracy and fairness of the trial process. Under the state’s Constitution, a defendant is entitled to due process and is guaranteed certain rights, including the right against self-incrimination and the right to be protected from unreasonable searches and seizures. Police and other law enforcement agencies must abide by certain rules when gathering evidence. For example, they must obtain a search warrant from a judge prior to conducting a search, and the warrant must describe the items to be seized. Additionally, a warrant must be based on a sworn affidavit containing sufficient facts that demonstrate probable cause for a search or seizure. If a law enforcement officer obtains evidence without a valid warrant, the evidence is usually inadmissible in court. This is known as the exclusionary rule. In other words, if the police violate a defendant’s rights, the evidence gathered as a result of the violation may not be used against him or her in a criminal trial. The rules on evidence-gathering in criminal cases in New York are designed to protect the rights of defendants and ensure a fair and just outcome in criminal trials. It is important to understand these rules and know what to do if your rights are violated during the evidence-gathering process.
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