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Understanding Search and Seizure Law
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Page 5 of 5
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Some defendants believe that if they can show that a search was illegal, the case must be dismissed. Not true. If a prosecutor has enough other evidence to prove the defendant guilty, the case can continue. Also, the illegally-seized evidence can be:
- considered by a judge when deciding on an appropriate sentence following conviction
- admitted in civil cases and deportation cases, and
- in some circumstances, be used by a prosecutor to impeach (attack the credibility of) a witness who testifies in the trial.
To learn more about search and seizure law, get The Criminal Law Handbook: Know Your Rights, Survive the System, by Paul Bergman (Nolo).
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