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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 Wisconsin, 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 have a valid search warrant before conducting a search and seizing evidence. However, there are several 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 of consequence more or less probable than it would be without the evidence. The evidence must also be reliable, which means it must be trustworthy and credible. If evidence is obtained in violation of these principles, it may be excluded from trial under the exclusionary rule, which is designed to deter police misconduct and protect citizens' constitutional rights.

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Criminal procedure

admissible evidence

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

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Wisconsin State Code

Wisconsin State Code

Criminal procedure

admissible evidence

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