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Friday, August 7, 2009

Law Terms: Suppression of Evidence

Suppression of evidence:

1) a judge's determination not to allow evidence to be admitted in a criminal trial because it was illegally obtained or was discovered due to an illegal search. (Pursuant to the 4th amendment of the US Constitution and Article I Section 8 of the Pennsylvania Constitution)

2) the improper hiding of evidence by a prosecutor who is constitutionally required to reveal to the defense all evidence. Such suppression is a violation of the due process clause (5th Amendment, applied to states by the 14th Amendment) and may result in dismissal, mistrial or reversal on appeal, as well as contempt of court for the prosecutor.

Pittsburgh Criminal Defense & Injury Attorney Frank Walker 
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office 
412.532.6805 Cell

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