Legal Question in Criminal Law in Virginia

Suspect's Access to Evidence

The crime: murder

Question 1: If the police have a suspect but the DA is not ready to file charges against that suspect, can a warrant be issued to search the suspect's house? (Assume probable cause).

Question 2: Is the prosecution obligated to share evidence pertaining to a suspect with that suspect's attorney? The prosecution is not filing charges. The suspect only wants to know what evidence was used to make him a suspect.

Thank you.


Asked on 2/26/05, 12:52 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Suspect's Access to Evidence

1. Yes. The police have to have a magistrate issue a warrant which is routine before charges are ever filed. The police may even search without a warrant based upon exigent circumstances.

2. The prosecutor never has to share information with a suspect or his attorney except after a charge has been issued and then pursuant to rules of Discovery which mainly require them to provide the defendant's own statements, any scientific evidence used against him and any evidence which is called exculpatory, that is evidence which would tend too prove that the defendant did not commit the crime.

Good luck

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Answered on 2/27/05, 8:45 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Suspect's Access to Evidence

1. Yes.

2. No, unless after charges are filed, what's called Brady(exculpatory)material is discovered by the prosecution who must then provide it to the defense.

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Answered on 2/26/05, 11:07 pm


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