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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 Mississippi, as in other states, evidence must be obtained legally to be admissible in a criminal prosecution. This means that law enforcement officers typically need to obtain a search warrant before conducting a search that would otherwise violate an individual's reasonable expectation of privacy. However, there are several exceptions to the search warrant requirement, such as when an individual gives consent to a search, when evidence is in plain view, during a search incident to a lawful arrest, or in emergency situations where there is a risk of evidence being destroyed or a threat to public safety. Additionally, for evidence to be admissible, it 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. The evidence must also be reliable, which generally means that it must be trustworthy and credible. Mississippi courts will exclude evidence that was obtained in violation of the Fourth Amendment, which protects against unreasonable searches and seizures.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Mississippi State Code

Criminal procedure

admissible evidence

Mississippi State Code

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