Inadmissible Evidence In Homicide

Summary

Evidence in Illinois homicide cases can be inadmissible if it lacks relevance, is hearsay, or improperly obtained. Evidence collected by unauthorized personnel, without a warrant, or violating rights may be excluded. Chain of custody and contamination issues can also affect admissibility. Consult a legal expert for specific concerns.

Full Conversation

Something from the crime scene was removed by a third party who is not law enforcement and given to police 2 days after the crime
In Illinois, evidence removed from a crime scene by a third party and given to police later could potentially be inadmissible. Key factors include:
- Chain of Custody: The integrity of evidence must be maintained. Breaks in the chain can make evidence unreliable.
- Contamination: Evidence could be tampered with or contaminated.
- Improper Collection: Evidence should be collected by authorized personnel to ensure its validity.
Is there more context or specific details you can provide about the evidence?
Can you expand on improper collection
Sure! Improper collection of evidence occurs when the evidence is not gathered according to legal and procedural standards. In Illinois, this can include:
- Unauthorized Personnel: Only trained law enforcement or forensic experts should collect evidence.
- Lack of Warrant: Evidence collected without a valid search warrant may be inadmissible.
- Violation of Rights: Evidence collected in a way that violates constitutional rights, such as illegal searches and seizures.
- Improper Handling: Evidence not properly documented, stored, or preserved can be considered unreliable.
Is there a particular aspect of improper collection you are concerned about?