The exclusionary rule was created by the Supreme Court over 100 years ago in Weeks v. United States
1
. The rule states that
evidence seized by law enforcement officers as a result of an illegal search or seizure in violation of the Fourth Amendment is excluded from a criminal trial
.
What is exclusionary rule quizlet?
exclusionary rule. a rule that
provides that otherwise admissible evidence cannot be used in a criminal trial
if it was the result of illegal police conduct. unreasonable searches and seizures. Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment.
How did the exclusionary rule develop?
The Development of the Exclusionary Rule
The U.S. Supreme Court dramatically changed Fourth Amendment jurisprudence in 1914, however, when it handed down its decision in Weeks v. United States. …
In reversing the conviction
, the Supreme Court effectively created the exclusionary rule.
What is the exclusionary rule based on?
In the United States, the exclusionary rule is a legal rule, based on
constitutional law
, that prevents evidence collected or analyzed in violation of the defendant’s constitutional rights from being used in a court of law.
What are the three justifications for the exclusionary rule?
The three justifications for exclusionary rule include
the fact that it is a fundamental right that should not be violated, there are no exigencies, and to deter misconduct of police officers.
What is the main purpose of the exclusionary rule?
The exclusionary rule
prevents the government from using most evidence gathered in violation of the United States Constitution
. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
Who decides if evidence was legally obtained?
Judge
decides if evidence was legally obtained.
What is the main idea behind the exclusionary rule quizlet?
T/F, The purpose of the exclusionary rule is
to deter police misconduct
. The exclusionary rule was created and is enforced by the courts. The U.S. Supreme Court made the exclusionary rule applicable against the states. The Primary procedural mechanism for invoking the exclusionary rule is a motion to suppress evidence.
What are the two exceptions to the exclusionary rule quizlet?
The exclusionary rule means that evidence illegally seized cannot be used in a trial. Therefore, the exclusionary rule requires law enforcement to obtain said evidence legally. Two exceptions to the exclusionary rule are
the good-faith exception and the clerical errors exception
.
What are the main exceptions to the exclusionary rule quizlet?
Terms in this set (15)
-[Independent source exception, inevitable discovery exception, attenuation of the taint, good faith, knock and announce, impeachment
, limit use outside of criminal cases].
What is the exclusionary rule and what are the three exceptions to the rule?
Three exceptions to the exclusionary rule are “
attenuation of the taint,” “independent source,” and “inevitable discovery.
“
What are the pros and cons of the exclusionary rule?
- 1 Ensure nobody is above the law. …
- 2 Requires probable cause. …
- 3 Assumes Innocence before guilt. …
- 4 Limits the powers of the government. …
- 5 Reduces the risk of falsified or fabricated evidence. …
- 6 Uphold judicial integrity. …
- 7 Prevent police misconduct.
What happens when the exclusionary rule is invoked?
What happens when the exclusionary rule is invoked?
Certain evidence cannot be used against the defendant at trial.
What are three exceptions to the fruit of the poisonous tree doctrine?
There are, however, four major exceptions to this rule:
inevitable discovery, attenuation, independent evidence and good faith
. This doctrine, based on Fourth Amendment rights, helps to establish order and fairness within the justice system by regulating an officer’s code of conduct.
What is the difference between the exclusionary rule and the fruit of the poisonous tree doctrine?
The exclusionary rule excludes the evidence initially used to obtain the search warrant, and the fruit of the poisonous tree doctrine
excludes any evidence obtained in a search of the home
.
How does the exclusionary rule affect police?
The exclusionary rule was created by the Supreme Court over 100 years ago in Weeks v. United States
1
. The rule states that
evidence seized by law enforcement officers as a result of an illegal search or seizure in violation of the Fourth Amendment is excluded from a criminal trial
.
