- Coastal South Law
How the Legal Defense of “Fruit of the Poisonous Tree” Could Help You Fight Your Traffic Offense
In North Carolina, illegally obtained evidence cannot be used against you by police in a trial. This is known as the “fruit of the poisonous tree” doctrine. This doctrine states that any evidence that is obtained illegally cannot be used in a civil or criminal trial, no matter how strong the evidence may appear to be. This includes evidence that is obtained through force, violence, or false pretenses.
What is the Difference Between Illegal and Legal Evidence?
Illegal evidence is evidence that was obtained without following the proper procedures or laws. For example, if someone were to get evidence from a crime scene without getting a search warrant, that would be considered illegal evidence. In relation to traffic stops, however, an officer may only search you on a single ground: if there is probable cause.
The probable cause rule is based on a legal principle that states that law enforcement officers must have probable cause to accost or arrest someone. This means that law enforcement must have evidence that points to the person being arrested as being guilty of committing a crime. In traffic cases, law enforcement officers need to have probable cause to believe that the driver of the vehicle they are investigating has committed a traffic violation in order to make an arrest.
In this instance, it is quite helpful to have a skilled attorney on your side. Most of the time, the officer may not have enough evidence—such as witness statements or video footage—to support a conviction for a traffic offense. In this case, your attorney can help get the case dismissed based on a lack of probable cause.
Third, there is the Miranda Rights Rule. The rule states that all individuals who are being interrogated are entitled to be informed of their rights. These rights include the right to remain silent, the right to have an attorney present, and the right to have a parent or guardian present if they are under 18 years old. If you are interrogated without being read your rights, you may also be able to have your traffic case dismissed on the grounds of it being illegal.
Legal evidence, on the other hand, is evidence that has been gathered in a lawful way and follows the appropriate procedures. Legal evidence can come from a variety of sources, including eyewitnesses who were present at the scene of the crime, documents found at the scene of a crime, and statements made by defendants during police questioning.
Why Have a Legal Defense Team for Traffic Offenses in North Carolina?
Traffic offenses can lead to fines, points on your license, and even jail time. The best way to ensure that you get the lowest possible penalty is to have a legal defense team on your side. A legal defense team can help you prepare for your traffic court hearing, help you with the fruit “of the poisonous tree” defense, and more. By getting a legal defense team at our firm on your side, you increase your chances of getting a favorable outcome in court.