Will All Evidence in the Government's Possession Be Used Against Me?
When the federal government investigates a drug crime, it relies on all evidence in its possession. However, that does not necessarily mean that all evidence federal prosecutors have will be admissible at trial—there are several situations in which statements or physical evidence are determined to be inadmissible by the court. Most often, this is accomplished through litigating a motion to suppress. A motion to suppress is a pre-trial motion challenging the admission of evidence. Usually, a motion to suppress is based on allegations that law enforcement violated your constitutional rights while conducting their investigation.
Both state and federal law enforcement officers must respect your rights when investigating a crime. In most situations, this requires that law enforcement either have a warrant or probable cause to conduct a search of a person or their belongings. Similarly, law enforcement must advise anyone subject to custodial interrogation with their Miranda warnings prior to taking a statement from them.
If you believe that evidence in the federal prosecutor's possession was illegally obtained in violation of your constitutional rights, contact an experienced federal drug crime defense lawyer at The Criminal Defense Firm.