Knoxville, TN asked in Criminal Law for Tennessee

Q: Say someone is accused and charged for a crime and the physical and biological evidence that was presented and used at

Trial all were gathered by the family members of the alleged victim and placed in family members vehicle in the trunk compartment and remained there for three days until it was a convienent time for the family members to deliver said evidence to law enforcement and evidence was presented and used at trial. My question is, is that legal, and if so how can that be.

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1 Lawyer Answer
Anthony M. Avery
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  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: On its face, nothing illegal there. An argument of tampering with evidence could be made on cross examination of whatever witness is putting it in. Evidence is evidence, and is gathered by the DA from various sources. If there was an illegal search then it might be excluded.

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