Expert: Robin Sexton - 3/6/2008

Question
QUESTION: If the judge decides to exclude the evidence is there any way it may be introduced at the trial?

ANSWER: Jeff,

The most probable answer is "no" once the evidence has been excluded it can not be introduced at trial.  Just to cover a few other things.  I don't know where the case is at in the system, preliminary etc.  The prosecution may have the opportunity to appeal the judges ruling to a higher court.  I would also be interested in why the judge excluded the evidence.  Also things can happen at trial where the judge can change his ruling.

Good luck


Robin

---------- FOLLOW-UP ----------

QUESTION: If the evidence was deemed to be obtain illegally can they use it under limited admissibility.

Answer
I am not sure what is meant by " limited admissibility" ?  If evidence is excluded because of a bad search by an officer, unless the decision is overturned by another court it is not admissible.  There are some exceptions and other aspects so with out more detail I will have to go with my original answer of, No it is not admissible


Good Luck

Robin