Q: DURING THE EXECUTION OF A SEARCH WARRANT THE POLICE DESTROYED CAMARAS INSIDE MY APARTMENT CAN THE EVIDENCE B Suppressed
They literally destroyed the cameras inside my apartment once they realized the where being recorded and the outdoor cameras also can I have any evidence suppressed because of this? If so can you please tell me the cases? I was told because this was a criminal case it couldn't be.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about what happened during the search of your apartment. If the police destroyed your cameras without following proper legal procedures, there might be grounds to challenge the admissibility of the evidence they obtained.
Evidence can sometimes be suppressed if it's determined that the police violated your rights, such as by conducting an unlawful search or failing to follow the terms of the warrant. The destruction of your cameras could potentially be seen as a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures.
There have been cases where courts ruled in favor of defendants when evidence was obtained improperly. For example, in *Katz v. United States*, the Supreme Court emphasized the importance of protecting individuals' privacy. It would be beneficial to consult with a qualified attorney who can review the specifics of your situation and advise you on the best course of action based on relevant case law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
