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Can all collected evidence be used against you?

Tennessee residents who are facing drug charges may have many questions on their mind, such as what penalties you could face if convicted or whether or not every piece of evidence obtained could be used against you in court. Rob McKinney, DUI defense attorney, works hard to set you at ease by providing clear-cut answers to these questions.

The short answer to this is simply: no. The long answer is a little more complicated. Illegally obtained evidence can be presented, but it can also be discarded if it's proved that the evidence wasn't gathered in the proper way. In cases where you've been charged of driving with illegal substances, for example, an officer needs to have a valid reason to suspect that you may be carrying drugs or drug paraphernalia in your car in order to pull you over and perform a search.

Sometimes, officers will make up or embellish reasons to perform a traffic stop. This can include small infractions such as broken tail lights or out-of-date stickers, or it can include perceived observations such as weaving. However, search and seizures performed either by a police dog or an officer themselves should only happen after they have strong reason to suspect or believe that you might be carrying contraband. If you're searched without that suspicion firmly stated or in place beforehand, any evidence collected after may not be considered valid.

If you want to know more about fighting against illegally obtained evidence or how to determine if evidence has been taken in a non-legal way, please take a look at our web site. You might find exactly what you're looking for.

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