Do you think that the judge that is presiding at a hearing ...?
where the defense is arguing that police conducted an illegal search, should be privvy to the evidence that was confiscated as a result of the search.
Answers:
The judge need only determine if what was acquired during the search is "fruit of the poisonous tree". If the search was not legit it doesn't matter what evidence they seized. It doesn't matter what the evidence is but, of course, he has a right to see it as it is a matter of record now.
No, the 4th amendment protects those to unreasonable search and seizures.
If the Judge is going to rule on the items seized, then I guess it would be a good thing if he knew what items he is ruling on.
edit: The items are not supposed to have an impact on his decision, however if there are multiple items then the judge is entitled to know what they are so that he can rule on what is to be excluded.
If the DA in this case has any sense about him the evidence as well as the police report will have already been entered for review by the courts. Now depending on whether or not this case is a jury trial, in all cases the judges are told whether in open court or during in camera scope of this evidence. I am sure that while you think the search was illegal this is probably your way out of just being a criminal. Nine times out of ten all criminals claim illegal search when they do not even understand the laws around it.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: