This section contains 939 words (approx. 4 pages at 300 words per page) |
In legal proceedings, the exclusionary rule prohibits the use of any evidence obtained in contravention of the U.S. Constitution. The rule is frequently invoked when government authorities seize evidence in violation of the Fourth Amendment's prohibition against unlawful searches and seizures. Evidence may be illegally obtained when government officials do not have a warrant to search an individual's premises or the warrant is defective. Law enforcement officers may also lack sufficient probable cause to arrest a person. In addition, the courts may invoke the exclusionary rule when they find a violation of an individual's Fifth Amendment right against self-incrimination or a violation of a defendant's Sixth Amendment right to counsel. Courts often refer to evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment as "tainted" or "the fruit of a poisonous tree."
The U.S. Supreme Court established the exclusionary rule in the...
This section contains 939 words (approx. 4 pages at 300 words per page) |