Inadmissible Evidence

Inadmissible evidence is evidence which does not meet the federal or state rules for evidence that can be presented in court. The judge has the right to decide whether information is admissible or not. For instance, evidence may be inadmissible if the court decides the information is unreliable, may inflame the jury, was gathered illegally (i.e. if law enforcement failed to obtain a search warrant or they did not have probable cause to make a search) or it will take too long to present. For instance, hearsay is generally not allowed into evidence.

Expert testimony may also be considered inadmissible if the witness is considered unreliable or is not a credible source. The courts have decided expert testimony can be allowed if the evidence has been subject to scientific testing, the evidence has been reviewed by peers or a scientific publication, there is a clear indication of the known potential rate of error, and the evidence is generally accepted in the scientific community.