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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 West Virginia, as in other states, the admissibility of evidence in a criminal prosecution is governed by both state and federal law. 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, 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 means it must be trustworthy and credible. West Virginia follows the rules of evidence as outlined in the West Virginia Rules of Evidence, which are similar to the Federal Rules of Evidence, and any evidence obtained in violation of these rules, or the Fourth Amendment of the U.S. Constitution, may be excluded from trial.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Criminal procedure

admissible evidence

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