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10/27/2011
AZLaw
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Does an Arizona Search Warrant Always Mean that Evidence is Permissible?

Just because police obtained a search warrant in your Phoenix criminal arrest, it does not mean that what they found will necessarily be permitted in your case. It is possible to challenge that evidence with the help of an experienced Tempe criminal defense lawyer to protect your rights.

For example, the evidence obtained by police from your car, home, or person with a search warrant could be "thrown out" if:

  • The police search went beyond the bounds of the search warrant. Your Phoenix search warrant is specifically limited in scope to protect your rights. The search warrant itself should state what and where police can search. If the police go outside of those limitations, that evidence could be disallowed in your case.
  • "Fruit of the Poisonous Tree." This is a term that describes evidence obtained through an illegal search-whether it was due to a problem with a warrant or a lack of a warrant in a situation where one is required. If evidence would not otherwise have been found without the illegal search, it could be thrown out.

Unfortunately, the need for an Arizona search warrant can be somewhat ill-defined. There are many situations in which evidence obtained by search warrant could be disallowed, but it can be tricky to prove. If you have questions about evidence obtained with a Phoenix search warrant, contact a knowledgeable Phoenix criminal lawyer today at 1-888-929-5292.



Category: Criminal Law


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