Exclusionary rule

Exclusionary rule

CLEP American Government, Chapter 22

Exclusionary rule

The exclusionary rule concerns the courtroom consequence of an unlawful search; it does not determine whether the search was unlawful in the first place. When police obtain evidence through certain Fourth Amendment violations, a court generally prevents the prosecution from using that evidence in its case. Mapp v. Ohio made this federal constitutional remedy applicable in state prosecutions. The related fruit-of-the-poisonous-tree doctrine can reach later evidence derived from the original illegality. For example, if officers unlawfully enter a home, find a note identifying a storage unit, and use the note to locate contraband, both the item found at home and the derivative evidence may face suppression. The rule chiefly seeks to deter unlawful police conduct and preserve judicial integrity; it is not damages paid to the defendant and does not erase the criminal charge automatically.

Suppression is not automatic whenever an officer makes a constitutional mistake. Evidence may remain usable when officers reasonably relied on a warrant later found defective, when an independent lawful source produced the evidence, when lawful investigation inevitably would have discovered it, or when the connection to the violation became sufficiently attenuated. Suppose officers conduct an unlawful interview, but another team acting on a preexisting valid warrant independently finds the same records. The independent-source doctrine may permit the records even though the first act was improper. A common mistake is to assume that an illegal search always makes every later prosecution disappear. Courts instead separate three questions: Was there a search or seizure? Was it unreasonable? If so, does the exclusionary rule suppress this particular evidence in this proceeding? A prosecution supported by untainted evidence may continue after suppression.

courts trace evidence. The fruit doctrine asks whether later evidence came from exploiting the illegality or from a genuinely independent path. Independent source, inevitable discovery, and attenuation answer different causal questions. If a separate team already possessed a valid warrant based on untainted information, the source may be independent; inevitable discovery requires a lawful path that actually would have found the item. On a CLEP question, identify the evidence, causal route, proposed use, and remedial exception rather than jumping from violation to dismissal.

Video lesson: Search and Seizure: Crash Course Government and Politics #27

Related to This Article

What people say about "Exclusionary rule - Effortless Math"?

No one replied yet.

Leave a Reply