The exclusionary rule mandates
that evidence seized as a product of unlawful police activity, absent some exception
, is not admissible in court.
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 exclusionary rule example?
For example, if a defendant is arrested illegally,
the government may not use fingerprints taken while the defendant was in custody as evidence
. Because police would not have obtained the fingerprints without the illegal arrest, the prints are “fruit of the poison tree.”
What principle is the exclusionary rule based upon?
Exclusionary rule, in U.S. law, the
principle that evidence seized by police in violation of the Fourth Amendment to the U.S. Constitution may not be used against a criminal defendant at trial
.
What is the impact of the exclusionary rule on police behavior?
Oaks concluded that the
exclusionary rule
had no direct deterrent
effect
on
police behavior
.
Police
have nothing to lose by violating the Fourth Amendment and typically, they have something to gain by conducting an illegal search.
What is the exclusionary rule in simple terms?
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.
What are 2 exceptions to the exclusionary rule?
Three exceptions to the exclusionary rule are “
attenuation of the taint,” “independent source,”
and “inevitable discovery.”
What is an example of inevitable discovery?
non-routine investigatory procedures. Lower federal courts have most readily applied the inevitable discovery doctrine in cases where the means the police claim would have inevitably led to the evidence are
routine procedures
, like an inventory search. For example, in United States v.
What is the good faith exception to the exclusionary rule?
Leon, the Court created the “good-faith” exception to the exclusionary rule. The good-faith exception applies when
officers conduct a search or seizure with “objectively reasonable reliance” on
, for example, a warrant that is not obviously invalid but that a judicial magistrate should not have signed.
What is exculpatory evidence?
Exculpatory evidence includes
any evidence that may prove a defendant’s innocence
. … Exculpatory evidence might include proof that the defendant stayed in a hotel too far away from the crime scene to have committed the crime.
Who does the exclusionary rule apply to?
American courts use the exclusionary rule to
deter police officers and other government agents from abusing constitutional rights
. According to the rule, courts will suppress evidence that the government obtains through unconstitutional conduct—often an unlawful search or seizure.
What are the exceptions to the Fourth Amendment?
Other well-established exceptions to the warrant requirement include
consensual searches
, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view. There is no general exception to the Fourth Amendment warrant requirement in national security cases.
How does the exclusionary rule relate to due process?
First, the due process exclusionary rule is
more tightly linked to the Constitution’s text
. … If the defendant were then convicted, the resulting deprivation would work an additional violation — this time, of due process. The same reasoning applies to the Fourth Amendment.
Is exclusionary rule still effective?
Over the years, the U.S. Supreme Court has carved
out exceptions
to the exclusionary rule and narrowed its focus. For example, the Court has made a “good faith” exception to the rule and allowed evidence obtained by a search warrant that law officers believed to be valid.
What might be a disadvantage of the exclusionary rule?
The disadvantage of the exclusionary rule is that
it can allow people who are clearly guilty to be freed on a legal technicality
. It places the burden of providing a clear chain of evidence on law enforcement officials that includes a reasonable cause for taking actions.
What are the costs and benefits of the exclusionary rule?
The exclusionary rule imposes
costs on the public by freeing the guilty, diverting courts from finding the truth, and damaging the fabric of the law
. There are professional costs to the people within the criminal justice system.
