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Posted on 9/15/2011 - Henrico Virginia Woman Gets 22 Years for Murdering Tenant
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If the police have illegally searched me, my home, or my car, and found evidence that could be used to convict me, do I have any means to fight it?
A:
Yes. A veteran Virginia criminal defense attorney will scrutinize all the evidence law enforcement officers have obtained and that the prosecutor intends to use to prove the case against you. If evidence is illegally seized, the "Exclusionary Rule" may come to your rescue.
The Exclusionary Rule prevents state and federal prosecutors from using at trial evidence that has been seized in violation of the defendant's rights under the Fourth Amendment to the U.S. Constitution.
The purpose of the Exclusionary Rule is to deter (or prevent) law enforcement officers from using tactics and procedures that violate the Fourth Amendment. The rationale behind the Exclusionary Rule is that law enforcement officers will be less likely to be careless in preserving a person's Fourth Amendment rights --- WHICH THEY ARE REQUIRED TO DO during a traffic stop, while preparing or executing a search warrant, or after an arrest --- when doing so may result in the evidence illegally seized being ruled not admissible for use at trial.
Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.
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Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
Fax: (804) 726-4779
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