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There are a couple of factors here.
The towing company can't sell the vehicle while the trial is pending... it's evidence, after all.
However, after the trial, if the owner of the vehicle does not pick it up in a timely fashion, the towing company is permitted to sell it after making a good-faith effort to notify the owner.
What else can I help you with?
Can evidence illegally seized by the police be used in a trial?
No, evidence illegally seized by the police cannot be used in a trial due to the exclusionary rule, which prohibits the use of evidence obtained in violation of a person's constitutional rights.
If the police break into a person and home illegally to look for evidence that could be .?
In trial, it would constitute "Fruits of the Poisonous Tree", and the evidence would be excluded from trial via Exclusionary Rule.
Can a case proceed to trial without any evidence?
No, a case cannot proceed to trial without any evidence. Evidence is necessary to support the claims made by both the prosecution and defense in a trial. Without evidence, there is no basis for a trial to proceed.
How do you find what evidence the DA has?
Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself what evidence is produced at trial.Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself what evidence is produced at trial.Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself what evidence is produced at trial.Defense counsel must be provided with evidence. If you are a spectator you must attend the trial and see for yourself what evidence is produced at trial.
What is the main purpose of the exclusionary rule?
The Exclusionary Rule's purpose is to keep certain evidence from being used against you in a criminal trial. Police procedure in gathering evidence against you is heavily dictated by cases interpreting the Fourth Amendment. Evidence gathered in violation of your Constitutional rights is subject to the Exclusionary Rule.
What comprises a body of evidence in a trial?
A body of evidence would include all of the evidence of a particular trial. It may be physical evidence or it may be circumstantial evidence or a combination of both.
Why do police photograph crime scenes?
To provide an aspect of spacial relativity to a piece or pieces of evidence. This allows for a more accurate recreation of a crime scene at trial
What is a trial exhibit?
It is a piece of physical evidence presented at trial.
What is mean by expulcatory?
Exculpatory evidence at trial is evidence which helps to prove the innocence of the person on trial. The opposite word is inculpatory, evidence which proves his guilt.
What does the detective need to know about discovery?
Because of their familiarity with court procedures most police officers are at least aware of the 'discovery' process. However, "discovery" is a step in the court process engaged in by attorneys as they prepare their cases for trial, and does not directly involve the police. Do not confuse the "Rules of Evidence" which govern the gathering and preserving of evidence by police, with 'discovery,' the two are not the same.
Law regarding right to see police reports before arraignment?
There is no such right. You have no right to see ANY of the evidence to be used against you until the Discovery phase of the trial.
Who makes the decision at trial that the evidence offered is relevant?
Relevant evidence is ANY evidence which will tend to prove either the guilt (or innocence) of the defendant on trial. Therefore, anything that is not NOT relevant is NOT EVIDENCE and will not be admitted.
