What are the rules on evidence-gathering in criminal cases?
In criminal cases in Washington, evidence-gathering is governed by the rules of criminal procedure. Generally, these rules require law enforcement officers to obtain a warrant in order to search for and seize evidence. If a warrant is obtained, the authorities are allowed to search for and seize any evidence that is related to the crime. If a warrant is not obtained, law enforcement may still be able to search and seize evidence, depending on the circumstances. For example, a plain-view exception allows officers to seize contraband if it is in plain view and they have been lawfully present. Additionally, officers can conduct a search without a warrant if they have reasonable grounds to believe that evidence of a crime is in imminent danger of being removed or destroyed. In addition to search warrants and exceptions, officers can sometimes obtain evidence without a warrant through a consent search. This occurs when an individual voluntarily gives permission for officers to search their premises or person for evidence of a crime. In some cases, evidence may be illegally obtained by law enforcement, in violation of the individual’s rights. In such cases, the evidence may be deemed inadmissible and excluded from the trial by the court. In other cases, evidence that was properly obtained may still be excluded from trial if it was obtained through methods that violated the individual’s constitutional rights.
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