Depending upon the facts of your case, your confession and/or admission may be inadmissible if the statements were the product of an illegal search. However, the defendant must show a relationship between the unlawful search and the defendant’s statement.
Once this has been established, the burden of proof shifts to the Prosecution to show that the confession or admission was the product of an intervening independent act of the defendant’s free will.
Like many Constitutional issues, a fact intensive analysis is required.
If you or someone you love has been accused of a crime in Southern California, contact the skilled Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.