Is it legal for D.A. to prosecute a crime using evidence from a case that was dismissed in another county?

Asked over 1 year ago - Nashville, TN

Individual was charged with class B felony. Officers who served search warrant/interrogation/arrest were from out of the county. Case was dismissed (out of jurisdiction). Case was re-indicted in correct county. No new search warrant/interrogation were done. Individual was arrested in correct county and is awaiting court date. Is it legal for this county's D.A. to prosecute the crime using evidence from the case that was already dismissed? All evidence they possess now (interrogation tape, material found in house, etc) are from the first time when the case was dismissed. If the case was re-indicted in a new county would they not have to start over? (issue new search warrant/interrogation, etc?)

Attorney answers (2)

  1. William Kevin Hodges

    Contributor Level 13

    2

    Lawyers agree

    Answered . Short answer is no they do not have to start over. Any evidence obtained by the government can be used in other cases. There is an argument that the evidence could be "fruits of a poisonous tree" and be inadmissible. The accused needs to hire an criminal defense attorney ASAP so they can start preparing for defenses and trial.

    "Nothing in this communication is meant to establish an attorney-client relationship. The information is provided... more
  2. Claiborne Hambrick Ferguson

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If they filed in wrong county, they have to dismiss and defile. No problem with using evidence from another county.

    Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National... more

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