20 results found for: “Exclusionary_rule”.

Request time (Page generated in 0.3409 seconds.)

Exclusionary rule

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of...

Last Update: 2024-03-23T03:16:38Z Word Count : 3771 Synonim Exclusionary rule

Fourth Amendment to the United States Constitution

other situations. The exclusionary rule is one way the amendment is enforced. Established in Weeks v. United States (1914), this rule holds that evidence...

Last Update: 2024-03-24T16:54:29Z Word Count : 12882 Synonim Fourth Amendment to the United States Constitution

Mapp v. Ohio

landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that...

Last Update: 2024-02-26T18:43:09Z Word Count : 2064 Synonim Mapp v. Ohio

Dollree Mapp

she thought to be a fake search warrant. Mapp also argued that the Exclusionary Rule was violated due to the collection of the evidence that was found...

Last Update: 2024-03-02T21:24:39Z Word Count : 1545 Synonim Dollree Mapp

Gender-critical feminism

Gender-critical feminism, also known as trans-exclusionary radical feminism or TERFism, is an ideology or movement that opposes what it refers to as "gender...

Last Update: 2024-03-27T14:42:29Z Word Count : 11376 Synonim Gender-critical feminism

Search and seizure

procedures, such as with a motion to suppress the evidence under the exclusionary rule. In Italy protection from search and seizure is enshrined in Article...

Last Update: 2023-12-28T20:03:47Z Word Count : 2166 Synonim Search and seizure

Terry v. Ohio

that, as the opinion argues, "the exclusionary rule has its limitations." According to the court, the meaning of the rule is to protect persons from unreasonable...

Last Update: 2024-02-27T10:41:14Z Word Count : 2990 Synonim Terry v. Ohio

Herring v. United States

14, 2009. The court decided that the good-faith exception to the exclusionary rule applies when a police officer makes an arrest based on an outstanding...

Last Update: 2023-09-13T02:21:46Z Word Count : 1497 Synonim Herring v. United States

Miranda warning

suppression under the Miranda exclusionary rule. That is, if the defendant objects or files a motion to suppress, the exclusionary rule would prohibit the prosecution...

Last Update: 2024-03-28T00:57:39Z Word Count : 12349 Synonim Miranda warning

Good-faith exception

good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule. The exemption allows evidence collected in violation of privacy rights...

Last Update: 2023-12-29T10:38:56Z Word Count : 247 Synonim Good-faith exception

Pennsylvania v. Mimms

allowing the officers to search the defendant for any reason of concern. Exclusionary rule Motor vehicle exception Terry stop "Pennsylvania v. Mimms" (PDF)....

Last Update: 2024-03-16T17:56:55Z Word Count : 1494 Synonim Pennsylvania v. Mimms

Hudson v. Michigan

Amendment right to be free from unreasonable searches and seizures—the exclusionary rule required that the evidence obtained in the ensuing search must be...

Last Update: 2024-01-20T18:48:53Z Word Count : 2117 Synonim Hudson v. Michigan

Entrapment

entrapment defence, like the exclusionary rule, in the court's supervisory role over law enforcement. And like the exclusionary rule, they would have had judges...

Last Update: 2024-02-20T22:06:47Z Word Count : 3740 Synonim Entrapment

Wolf v. Colorado

that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against...

Last Update: 2024-03-01T02:55:57Z Word Count : 1894 Synonim Wolf v. Colorado

Nix v. Williams

that created an "inevitable discovery" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the...

Last Update: 2024-02-24T07:24:56Z Word Count : 754 Synonim Nix v. Williams

Purposive approach

papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal...

Last Update: 2023-11-12T19:58:44Z Word Count : 4317 Synonim Purposive approach

Admissible evidence

thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States, this was effectuated federally...

Last Update: 2023-10-16T08:15:39Z Word Count : 557 Synonim Admissible evidence

Weeks v. United States

federal exclusionary rule and giving it to their federal colleagues. It was not until the case of Mapp v. Ohio, 367 U.S. 643 (1961), that the exclusionary rule...

Last Update: 2023-09-13T03:25:42Z Word Count : 385 Synonim Weeks v. United States

Fifth Amendment to the United States Constitution

proceedings. For example, the exclusionary rule does not apply to certain evidence presented to a grand jury; the exclusionary rule states that evidence obtained...

Last Update: 2024-03-19T15:53:40Z Word Count : 9482 Synonim Fifth Amendment to the United States Constitution

United States v. Leon

Court established the "good faith" exception to the Fourth Amendment exclusionary rule. In August 1981, police in Burbank, California received a tip identifying...

Last Update: 2023-12-11T00:53:57Z Word Count : 764 Synonim United States v. Leon

Main result

Exclusionary rule

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures. The exclusionary rule is also designed to provide a remedy and disincentive for criminal prosecution from prosecutors and police who illegally gather evidence in violation of the Fifth Amendment and its protection against self-incrimination. The exclusionary rule also protects against violations of the Sixth Amendment, which guarantees the right to counsel. Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination.This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy. In strict cases, when an illegal action is used by the police or the prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed). The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors.


Exclusionary_rule