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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 Vermont, 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 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 exigent circumstances, or when the search is incident to a lawful arrest. 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 it must be trustworthy and credible. Vermont courts will exclude evidence that is obtained in violation of these principles, as such evidence could infringe on the constitutional rights of the accused.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Vermont State Code

Vermont State Code

Criminal procedure

admissible evidence

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