Philadelphia, PA criminal defense attorney Brian Fishman explains why exclusion of evidence is a key part of his practice.
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There’s always a way to have evidence excluded in a case. And that can be narcotics, that can be a firearm, that can be the results of a blood or a breath test after a DUI stop. What you want to look at as a criminal defense attorney in a situation where you’re looking to exclude evidence is to see number one, did the police legally have the necessary reasonable suspicion to do some sort of pat down or did they have probable cause to conduct and arrest and ultimately a search of a clients person or their vehicle or even their home? These things are extremely important in criminal cases because if you can have evidence excluded that the prosecution is counting on to get their conviction then you can win a case. For example, if you can get a breath test excluded from a DUI arrest well now they’ve proved the driving part but they can’t prove that you were under the influence. And so, the exclusion of evidence is a key part of any criminal defense attorneys’ practice.