Asked in Criminal Law for Idaho

Q: Is it lawful for law enforcement to use the same evidence that has already convicted others in prior sting operations?

Can the same evidence be used repeatedly?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Absolutely! As long as the evidence can point to multiple people it will not be deemed "double jeopardy." Double Jeopardy protects us from being punished twice for the same (or similar) crime (or acquitted). The evidence would have to have a close nexus to more than one defendant though, such as 2 people in the same car.

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