What Happens if Evidence is Obtained Illegally?

When evidence is obtained illegally, the entire foundation of a criminal case can shift in your favor. Acting quickly to challenge improperly gathered material is one of the most effective steps available to a defendant. Mette Attorneys at Law focuses a meaningful portion of our criminal defense practice on protecting clients from the lasting consequences of constitutional violations. When evidence was illegally obtained in your case, we built motions to suppress on a foundation of careful legal research and precise factual analysis tailored to your case.

Legal Grounds for a Motion to Suppress

A motion to suppress requests that the court exclude evidence obtained through violations of constitutional rights or improper statutory procedures. In Pennsylvania criminal cases, these motions are commonly based on the following grounds:

• Unlawful Search and Seizure: When police act without a valid warrant, probable cause, or a recognized exception under the Fourth Amendment to the United States Constitution.
• Miranda Violations: Officers questioned you in custody without first advising you of your Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel.
• Coerced Statements: When law enforcement uses threats, promises, or prolonged interrogation tactics to secure a confession, it violates the due process protections of the Fifth and Fourteenth Amendments.
• Defective Warrants: A search warrant was issued based on false information, stale data, or lacked the particularity required by the Fourth Amendment.
• Fruit of the Poisonous Tree: Any additional evidence discovered as a direct result of the initial illegal conduct is also subject to exclusion.

Exceptions to Obtaining Illegal Evidence

Courts recognize several exceptions that can preserve otherwise tainted evidence, which is why each motion requires careful preparation. Common exceptions include the following:

• Good faith reliance on a defective warrant
• Consent searches are given voluntarily
• Plain view observations during a lawful stop
• Inevitable discovery through lawful means
• Independent source doctrine
• Exigent circumstances preventing a warrant
• Attenuation between the misconduct and the evidence

Case Impact of a Successful Motion to Suppress

A successful motion to suppress can dramatically weaken the prosecution’s case or eliminate it. Pennsylvania courts apply the exclusionary rule under both the federal Constitution and Article I, Section 8 of the Pennsylvania Constitution, and the Supreme Court of Pennsylvania has interpreted that provision to provide even stronger privacy protections than federal law.

When key evidence is thrown out in a suppression hearing held before the Dauphin County Court of Common Pleas, prosecutors frequently reduce charges, offer favorable plea agreements, or withdraw the case altogether.

Contact Us to Discuss Your Case

Delays in challenging unlawful police conduct can weaken available arguments, since suppression motions carry strict pretrial filing deadlines. Don’t wait to secure top-tier legal representation.

Contact Mette Law at 717-232-5000 or through our online contact form to schedule a consultation with a Harrisburg criminal defense attorney who can review the circumstances of your arrest, identify potential constitutional violations, and pursue every available avenue to suppress evidence obtained outside the bounds of the law.