Can the state use evidence procured in a search from a case that was dismissed in another case?

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Can the state use evidence procured in a search from a case that was dismissed in another case?

Asked on January 22, 2012 under Criminal Law, Florida

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

As as long as the search was lawful the evidence gathered in the search can be used in numerous prosecutions.

If the evidence was ruled inadmissable by the court in the previous case there is a good chance it could be rulled inadmissable in subsequent case.

However, the facts of one case could be significantely different from defendant to defendant.

Hope this helps.


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