In this episode, Bill and Jordan begin a thorough examination into the complex subject and nature of investigative searches and seizures.

The 4th Amendment to the U.S. Constitution prevents government officials from conducting “unreasonable searches and seizures”. Under general circumstances, the laws of each state require there be a warrant, approved and signed by a judge or clerk of court, before any search and/or seizure of a person or their property can be performed.

In most prosecutions, searches and/or seizures that resulted in the gathering of critical pieces of evidence are a primary point of contention both in pre-trial hearings and during a criminal trial. In reviewing the pertinent circumstances that led to the recovery of evidence, the court first considers whether the defendant had an “expectant right of privacy” in the area that was searched? If it is determined they did, then the follow-up concern is whether there was a need for a search warrant, or could the prosecutor demonstrate that the search met an exception to the warrant requirement established through previously established caselaw?

Bill closes out the episode with an explanation of the Exclusionary Rule created by the Supreme Court in the case of Mapp vs Ohio (1961). This landmark decision effectively prevents any ill-gotten evidence from being presented to a jury at trial.

The “weight of evidence” in a criminal trial does not refer to quantity. It is about the relevancy, credibility and persuasiveness to convince one side’s argument over the other. It is about the strength and reliability of what is presented, and the overall impact, not the total number of pieces of evidence presented.

In this episode Bill and Jordan delve into what is, what isn’t, and what may be accepted as evidence by a judge at trial. They talk about hearsay evidence, and why it is generally prohibited because of the Best Evidence Rule, but they also highlight a few of the legally recognized exceptions to the rule. They also address witness testimony and point out some of the considerations by both the prosecution and the defense in selecting the right people to present critical information at trial.

Listen in to the discussion, and, if you are left with questions or concerns about the episode, please address them in the comments section of www.powersonpolicing.com, and we will highlight and discuss them in our next episode.

Bill and Jordan return after a short winter break and pick up where they left off. Opening with a short recap of the last two episodes, they speak of the differing roles and responsibilities of first responders at crime scenes. Bill offers some insight into their reactions to the unique and unexpected realities presented with each event and crime scene.

Criminal investigations and prosecutions boil down to whether there is enough evidence to prove beyond a reasonable doubt that a crime or crimes were committed and the individual or people on trial committed or were somehow connected to the crimes. All of the information gathered during the investigation may be deemed critical to proving or disproving the criminal charges, but the judge, acting as the “gatekeeper” determines whether the pieces are relevant, have probative value and are obtained in a lawful manner? Bill explains the legal process that leads to the judge’s rulings.

Listen as Bill clarifies a few legal definitions regarding evidence and explains why and how the road from initial discovery to a presentation before a jury is long, winding, and arduous. The process is complex and before any judicial rulings are made, the information must first be vetted through many sources including, the Rules of Evidence, the Rules of the Court, the Rules of Criminal Procedure, criminal statutes and current caselaw. Literally, several thousand pages of collective information, much of which is in a constant stage of review and updating.