What is the “Exclusionary Rule”?
Question by nocrapps: What is the “Exclusionary Rule”?
1) What is the “Exclusionary Rule”?
2) Why is so important for police officers have a thorough knowledge of this rule?
3) What are the exceptions to this rule?
4) Please give examples…
Thanks for your help!!!
Best answer:
Answer by Lisa
The Exclusionary Rule refers to unlawful searches and seizures by police officers. If they do an illegal S&S, then any evidence they collect in connection with the illegal S&S will be excluded from trial. If the officer is abusing their police power and overzealously partakes and illegal S&S’s they can be prosecuted for that, although rare. An example of an illegal S&S would be when a police officer breaks into someone’s home without a warrant and without permission from the owner and finds drugs and and stuff. That would all be excluded from prosecuting the offender.
An exception to this rule found from a website:
“The most severe curtailment of the rule came in 1984 with adoption of a ”good faith” exception. In United States v. Leon, the Court created an exception for evidence obtained as a result of officers’ objective, good-faith reliance on a warrant, later found to be defective, issued by a detached and neutral magistrate.”
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