Would stolen evidence be admissable in a trial?

Question

(Just curious) I know if the police searched someone's home without a warrant and found evidence, they wouldn't be allowed to use it in court. But let's say somebody broke into their house illegally, stole the evidence, then gave it to the police. Would they be able to use it?

Answer 1

Yes. The 4th amendment only applies to the government, not private citizens.

Now, stolen evidence can be challenged by the defense, chain of custody, whether or not it actually came from the house, ect. But it would not be a constitutional issue.

Answer 2

Assuming you are talking of a case under investigation, the evidence would only be admissable if it could be proven that the prosecution would have come across the evidence in the course of the investigation, anyway. Otherwise, it is tainted and inadmissable. Such evidence has been thrown out many times.

As far as the previous poster's story of the molestation, I point out there was no active investigation, the pictures were the start of the case, so it is actually a different scenario. It wasn't stolen evidence. As a matter of fact, that type of thing comes up more with computers that people have in for service than we ever hear about.

Answer 3

Yes. Admissibility of evidence is determined in the court during the trial. Lawyers, both defense and prosecution need to argue on the facts involved using the law on evidence as an instrument in their argument.

I mean, stolen evidence may be admitted in the court WHEN THERE IS A FAILURE TO OBJECT SUCH ADMISSION. Guarding against inadmissible evidence is a professional duty of the defense counsel or prosecutor.

Answer 4

Yes it would be.

We recently had a case like that in CA. A burglar stole a bunch of stuff from a house, including a digital camera. On the camera were photos of the homeowner molesting a very young girl. The burglar turned the pictures over to the cops, and the molester was convicted.

Richard

Answer 5

If the person stole the evidence just to give it to the police, then no, it would not be admissible. If the person just happened to steal it and give it to them, then it would be admissible.