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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 Arizona, 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 emergency situations where there is a risk of evidence being destroyed or someone's safety is at risk (exigent circumstances). 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, and it must be reliable, which generally means that it must be obtained and handled in a way that preserves its integrity. Arizona courts will exclude evidence that violates constitutional protections, such as those found in the Fourth Amendment, which guards against unreasonable searches and seizures.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Criminal procedure

admissible evidence

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