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criminal defense Archives

Facing criminal charges? Consider acquiring legal help

There are many aspects to a criminal prosecution. Physical evidence must be gathered, witnesses must testify, and prosecutors must put it all together with convincing legal arguments that persuade a jury that a defendant is guilty before a conviction can be obtained. Even each of these elements have smaller, yet just as complex, issues. For example, as we discussed on the blog last week, physical evidence may be drawn into questions when the legality of a search and seizure is at issue. Other matters, like chain of custody and witness bias, can play a critical role in a criminal case, too.

Search and seizure under the Fourth Amendment

Oftentimes when Hoosiers are charged with a criminal offense, prosecutors rely on physical evidence to build their case. This evidence is typically gathered by police officers as part of a search and seizure. However, the police cannot just stop and search individuals and their residences at random, as the Fourth Amendment to the Constitution protects citizens from unlawful search and seizure.

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