Exclusionary Rule

Topics: Mapp v. Ohio, Jury, Supreme Court of the United States Pages: 8 (251 words) Published: April 27, 2015
Chapter Four – The
Exclusionary Rule
Vicente Farias
Jose Martinez

The Exclusionary Rule
 The Exclusionary Rule
– Evidence obtained in violation of Fourth
Amendment cannot be used at trial
– The primary purpose of the exclusionary rule is
to deter police misconduct
– What other purpose does the exclusionary rule
have?

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.

The Exclusionary Rule
 Determining What is Inadmissible
– Illegally Seized Evidence





Contraband
Fruits of the crime
Instruments of the crime
“Mere Evidence”

The Exclusionary Rule
 Determining What is Inadmissible
– Fruit of the Poisonous Tree
Illegal
Police Act

Evidence
illegally
obtained is
inadmissible.

Evidence obtained
from illegally
obtained evidence.
This is fruit of the
poisonous tree.

The Exclusionary Rule
 Exceptions to the Exclusionary Rule
– The Good Faith Exceptions
• When the Error Was Committed by the Judge or
Magistrate, Not by the Police
• When the Error Was Committed by a Court
Employee
• When the Police Erred but Honestly and Reasonably
Believed That the Information They Gave to the
Magistrate When Obtaining the Warrant Was
Accurate

The Exclusionary Rule
 Exceptions to the Exclusionary Rule
– The Inevitable Discovery Exception
• The police must prove that they would have
inevitably obtained the information anyway by
lawful means.

The Exclusionary Rule
 Procedures to Which the Rule Does Not

Apply







In Private Searches
In Grand Jury Investigations
In Sentencing
In Violations of Agency Rules Only
In Noncriminal Proceedings
In Parole Revocation Hearings

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