Legal Question in Criminal Law in California
criminal law
when a supression of evidence motion is denyed...I was then told the grounds sought to supress, and ruleing why supression was sought could not be used at trial
true?
Asked on 11/01/08, 12:28 am
1 Answer from Attorneys
Jacek W. Lentz
Law Offices of Jacek W. Lentz
Re: criminal law
Correct. Generally speaking, issues which are litigated during motion to suppress are not part of the trial. The evidence simply comes in without any discussion whether the search and seizure was lawful. How the evidence was obtained is not part of the trial unless directly relevant to some element of the crime.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Answered on 11/01/08, 12:42 am
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