Exclusionary Rule Admissible Evidence General Rule – All relevant and material evidence is admissible.

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Presentation transcript:

Exclusionary Rule

Admissible Evidence General Rule – All relevant and material evidence is admissible.

Rule of Exclusion If evidence has been obtained illegally, it is inadmissible.

Examples of Evidence Excluded on Constitutional Grounds Evidence seized as a result of illegal search. Illegally obtained confession. Articles / property obtained in violation of due process (4 th & 14 th Amendments). Evidence resulting from improper lineup.

Source: Adapted from Rolando del Carmen, Criminal Procedure: Law and Practice (Pacific Grove, CA: Brooks Cole, 1991), p. 61. Illegal police act 1. Illegally seized evidence —not admissible. Evidence illegally obtained 2. “Fruit of the poisonous tree” —not admissible. Evidence obtained from illegally obtained evidence Inevitable discovery. Independent untainted source. Purged taint. Good faith. 3. Admissible Except How Evidence Becomes Inadmissable and the Exceptions that Make it Admissible