The Exclusionary Rule

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Section 10.2 The Exclusionary Rule
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The Exclusionary Rule
Courts may dismiss evidence according to the
exclusionary rule.
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The Exclusionary Rule
Exclusionary Rule
A rule of evidence that does not allow any court
to use evidence that is obtained in violation of
a defendants constitutional rights.
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The Exclusionary Rule
In Weeks v. United States (1914), the U.S.
Supreme Court stated that federal law enforcement
agents could not illegally seize evidence and use
it against a defendant in a federal case.
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The Exclusionary Rule
In Elkins v. United States (1960), the Court
ruled that presenting illegally seized state
evidence in federal courts was unconstitutional.
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The Exclusionary Rule
In Mapp v Ohio (1961), the Court stated that any
evidence seized in violation of the Fourth
Amendment could not be admitted into any court,
state or federal.
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The Exclusionary Rule
The exclusionary rule also applies to evidence
that is found as an indirect result of illegal
searches. The secondary evidence is called the
fruit of the poison tree.
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The Exclusionary Rule
The fruit of the poisonous tree doctrine also
applies to illegal arrests, illegal
identification procedures, and involuntary
confession.
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The Exclusionary Rule
The Court has established the good faith
exception for searches pursuant to a warrant.
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The Exclusionary Rule
Good Faith Exception
An exception to the exclusionary rule that holds
that evidence is admissible from a seemingly
acceptable warrant that is later determined to be
invalid for reasons that the police did not
foresee.
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10.2

1. What is the exclusionary rule?
2. What is the fruit of the poison tree doctrine?

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End of Section 10.2 The Exclusionary Rule