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What duties a right imposes on government depends on exactly how the right is defined. By definition, every right imposes a duty on someone. No duty, no right. Take "free speech." The right to speak freely means others have a duty not to shut you up, or tell you what to say. In the United States, this duty is limited to the government. As the First ...


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Rules of evidence vary by jurisdiction, but there are minimum guarantees provided by the Fourth Amendment to the US Constitution. Hire the best criminal defense attorney who takes cases in the jurisdiction where you were charged. Then have a private consultation with your attorney regarding the suppression of evidence obtained in violation of the ...


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australia Improperly obtained evidence can be used if the court allows Specifically, s138 of the Uniform Evidence Act (which is used Federally and in most states and territories) provides: evidence that was obtained improperly or illegally ‘is not to be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting ...


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Of course you need a lawyer to represent you, and you can explain to that lawyer what happened. Based on what you say, I understand your allegation to be that the police broke into your house, obtained some evidence, then later arrested you based on that evidence. In some jurisdictions, this may be legal, but not in the US. The root problem is that a search ...


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