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Can I get my case dismissed because I was searched without a warrant?
If a judge rules that the police should have obtained a warrant before conducting their search, the judge will usually exclude the evidence at trial. In some situations, however, the evidence can be used:
In addition, if the prosecution can show that they would have come upon the evidence in the normal course of their investigation, the judge may let it in. This exception is known as "inevitable discovery."
For more on how it works, see Police Searches and Improperly Issues Warrants
Proof & Defenses in Criminal Cases
Getting a Lawyer for your Criminal Case
Steps in a Criminal Defense Case
Arraignment: Your First Court Appearance
Plea Bargains (Deals) in a Criminal Case
Legal Elements of Common Crimes
Expungement & Criminal Records
Should I just plead guilty and avoid a trial?
Is the public defender a real lawyer?
Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are?
Does it matter whether a suspect is given the Miranda warning?
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