9:32
[kevin oleary]
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Simple English definitions for legal terms
equal-access rule
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A quick definition of equal-access rule:
The equal-access rule is a law that says if illegal things are found in someone's home, that person cannot be convicted if other people had the same ability to access the home. However, the person must prove that others did have equal access, and just guessing that someone might have come in is not enough to avoid conviction.
A more thorough explanation:
The equal-access rule is a doctrine in criminal law that states that if contraband is found on a defendant's property, it cannot be used as evidence to support a conviction if other people had the same access to the property as the defendant.
For example, if drugs are found in an apartment that is shared by multiple roommates, the equal-access rule may be invoked. The defendant must show that other people had equal access to the apartment and that the drugs could have belonged to someone else.
However, if the defendant cannot prove that other people had equal access to the property, the equal-access rule cannot be used as a defense. For instance, if drugs are found in a locked safe in the defendant's bedroom, the equal-access rule would not apply because it is unlikely that someone else had access to the safe.
The equal-access rule is designed to prevent wrongful convictions based on circumstantial evidence. It is important to note that the defendant must provide concrete evidence that other people had access to the property, rather than just speculation.