When Can Evidence Be Thrown Out in a Tennessee Criminal Case?

 Posted on July 07, 2025 in Criminal Defense

Although evidence is the foundation of any criminal prosecution, not all evidence is admissible in court. There are rules that exist in Tennessee – and in every state – to ensure that evidence is gathered by law enforcement in a legal, fair manner. When those rules are violated, a criminal defense attorney can challenge the evidence, potentially having it excluded from the case entirely.

This is known as suppression of evidence and can often make or break a criminal charge. If you are facing criminal charges in Tennessee, it is crucial that you have a strong legal advocate on your side. An experienced Dandridge, TN criminal defense lawyer can expose any evidence that has flaws, inaccuracies, or inconsistencies while ensuring you are treated fairly and your rights are protected throughout the legal process.  

The Basics of Evidence Suppression in Tennessee

"Throwing out evidence" means that a judge has ruled that specific evidence presented in a criminal court case cannot be considered by the judge or jury during the trial. This can happen for many different reasons, but when the court deems evidence inadmissible, it cannot be introduced in court.

If you or your defense attorney believe evidence against you was illegally obtained or was obtained in violation of your constitutional rights, your attorney will file a motion to suppress. The court will then hold a suppression hearing where your attorney and the prosecutor will argue their case, and the judge will determine whether the evidence should be excluded.  

What Are the Most Common Reasons Evidence is Deemed Inadmissible?

While there are many different reasons that evidence may be deemed inadmissible, the most common reasons include:

• The evidence was illegally obtained, i.e., there was no warrant, the warrant was invalid, or the search was conducted without probable cause or consent.
• There were chain of custody errors, which could include tampering or contamination, or the evidence may not have been properly tracked or handled.
• There was an improper or suggestive lineup or identification.
• A confession was coerced or involuntary due to threats or duress.
• Other procedures were mishandled by the police.
• There were constitutional violations, such as failure to read you your Miranda rights, or interrogating you after you requested an attorney.

How Illegally Obtained Evidence Can Taint Other Parts of the Case

You may have heard the term "fruit of the poisonous tree." This refers to illegally obtained evidence that can taint other parts of the case. For example, if drugs or a weapon are discovered following an illegal search and seizure, then they are considered the fruit of the poisonous tree and would not be allowed to be used as evidence against the defendant.  

How A Criminal Defense Attorney Can Challenge Evidence

Your criminal defense attorney will investigate how evidence was gathered and will look at every aspect of your arrest to determine whether evidence can be challenged. If the defense attorney finds clear violations in the manner in which evidence was gathered, then a motion to suppress will be filed, and your attorney will persuasively argue your side. The same is true if your Constitutional rights were violated. Tennessee’s Article I, Section 7 mirrors the Fourth Amendment in requiring warrants supported by probable cause.

 Contact a Jefferson County, TN Criminal Defense Lawyer

Every criminal defendant should have his or her case comprehensively reviewed by a criminal defense lawyer. In some cases, mishandled or improperly obtained evidence can result in enough evidence being suppressed that the prosecutor no longer has a viable case and must drop the charges.

If you are facing criminal charges, speaking to a Jefferson City, TN criminal defense attorney from The Baker Law Firm is the best step you can take to protect yourself. Attorney Baker will ensure you understand your legal options and will advocate on your behalf to achieve the best possible outcome. Call 865-200-4117 to schedule your free consultation.