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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 Virginia, 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 exigent circumstances where there is no time to obtain a warrant. Additionally, the evidence must be relevant to the case, meaning it must have some bearing on the facts at issue, and it must be reliable, indicating that it is trustworthy and has integrity. If evidence is obtained illegally, it may be excluded from trial under the 'exclusionary rule,' which is designed to deter police misconduct. The reliability and relevance of evidence are also subject to challenge by defense attorneys, and judges have the discretion to determine admissibility based on these and other factors.

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Criminal procedure

admissible evidence

Individual & Family Legal Plan

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Virginia State Code

Virginia State Code

Criminal procedure

admissible evidence

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