Select your state

Criminal procedure

admissible evidence

For evidence to be admissible in a criminal prosecution it generally must have been obtained legally—with a search warrant, or based on an exception to the search warrant requirement, such as consent to search—and be relevant and reliable.

In Idaho, as in other states, the admissibility of evidence in a criminal prosecution is governed by both state statutes and federal law, including the Fourth Amendment to the U.S. Constitution. Evidence must generally be obtained legally for it to be admissible in court. This means that law enforcement officers are typically required to obtain a search warrant before conducting a search. However, there are exceptions to this requirement, such as when an individual gives consent to a search, when evidence is in plain view, during exigent circumstances, or when the search is incident to a lawful arrest. Additionally, the evidence must be relevant to the case, meaning it must have a tendency to make a fact more or less probable than it would be without the evidence, and it must be reliable, ensuring that it is trustworthy and has a clear connection to the crime. If evidence is obtained illegally, it may be excluded from trial under the exclusionary rule, which is designed to deter police misconduct. Idaho follows these general principles, and specific applications of the law can be found in the Idaho Rules of Evidence and relevant case law.

Legal Articles

State Statutes

As a LegalFix Member You Will Be an Important Client of Local Law Firms

For about 82¢ a day you can have a LegalFix Legal Plan that includes initial consultations with an attorney at no additional charge—and additional legal services at reduced rates—all from top law firms in your state. Don't wait—be prepared for life's inevitable legal challenges, starting today.

And ask your employer, credit union, or membership group to offer LegalFix for even better pricing.

Learn More

Articles

Can You Be Convicted of a Crime Based on Circumstantial Evidence?

You may have heard of circumstantial evidence, but you may not know what makes it weaker than other kinds of proof, and can it form the basis of a conviction?

Criminal procedure

admissible evidence

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Idaho State Code

Idaho State Code

Criminal procedure

admissible evidence

Articles