exclusionary rule


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Related to exclusionary rule: fruit of the poisonous tree
  • noun

Words related to 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

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References in periodicals archive ?
Under the exclusionary rule, "the legislative history of an enactment was not admissible to assist in interpretation .
The exclusionary rule does not apply automatically, however, in every case that involves a Fourth Amendment violation.
For a lawyer trained in the post-Warren Court era, it is difficult to hear the concerns about police methods that were raised repeatedly in the opinions in Sorrells and Sherman and not immediately start thinking about the exclusionary rule.
Although the primary job of state and local law enforcement officers is to enforce criminal law, the exclusionary rule in criminal proceedings is insufficient to deter police abuse in the context of shadow immigration enforcement.
58) Some suggest the Roberts court has eroded the exclusionary rule, not raised in Jones, and allowed law enforcement to reasonably rely on the existing state of the law where no binding precedent exists in a jurisdiction's circuit as a means for admitting evidence from GPS surveillance.
Further, the only hard statistics on how the exclusionary rule impacts
In Hudson, the United States Supreme Court revisited whether the exclusionary rule required the exclusion of evidence obtained in violation of the knock and announce rule.
The principal reason for the exclusionary rule relating to propensity is that there is a natural human tendency to judge a person's action on the basis of character.
Sometimes originalism contradicts doctrines such as the exclusionary rule (6) even though, intuitively, modern formalists should embrace the exclusionary rule because it is clear, simple, and instructs police exactly what not to do.
Even with the benefit of the Fifth Amendment's ban on coerced self-incrimination and the exclusionary rule, Ghailani has zero chance of regaining his freedom.
To be admissible, evidence must be: reliable; relevant to an issue in the case; and not subject to an exclusionary rule of evidence.
Wiretap Act explicitly sets forth an exclusionary rule for wire and oral