Q: If a police officer has to beak the law to obtain evidence, is that evidence permissible in court?
I was cited for not coming to a complete stop at a flashing red light. The police officer was illegally parked in the middle of the street with no exterior lights on at 2am. There are signs advising of no parking, standing, or stopping directly in front of where the officer was parked. The closest legal parking area would not allow the officer to clearly view the the traffic light.
A: A judge will likely base the decision to allow or disallow evidence of what the officer was doing on whether or not the evidence is relevant to your guilt or innocence. Unless the officer's actions affected your failure to stop, then you will have a hard time showing relevance.
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