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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 Pennsylvania, 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 have a valid search warrant before conducting a search and seizing evidence. However, there are exceptions to this 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 exigent circumstances where there is no time to obtain a warrant. Additionally, the evidence must be relevant to the case, meaning it must have some bearing on the crime charged or the defense, and it must be reliable, indicating that it is trustworthy and has integrity. The Pennsylvania Rules of Evidence and relevant case law guide the admissibility of evidence in criminal proceedings. If evidence is obtained in violation of a person's Fourth Amendment rights, it may be excluded from trial under the exclusionary rule, as established by the U.S. Supreme Court decision in Mapp v. Ohio.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Pennsylvania State Code

Pennsylvania State Code

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Criminal procedure

admissible evidence