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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34256
Experience:  16 yrs. of trial experience
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Police officer failed to bring drug evidence to court

Customer Question

Police officer failed to bring drug evidence to court hearing where defense intended to file a motion to suppress. do to improper search & seize. Should the evidence be suppressed do to improper search & failure to bring the actual evidence to court?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

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The court has the power to suppress only in cases where there has been a violation of the rights of the accused.
So, an illegal search (where an accused rights to privacy are violated) would be a basis to exclude evidence.
The police forgetting to bring evidence to a hearing? Generally speaking not enough for a court to suppress (unless this has happened several time)