Criminal Law

Exclusionary Rule

Definition

The exclusionary rule prohibits the use of evidence obtained through unconstitutional government conduct — typically an illegal search or seizure in violation of the Fourth Amendment — in a criminal prosecution. The rule serves as a deterrent against police misconduct. Exceptions include the good-faith exception (when officers reasonably rely on a facially valid warrant), the inevitable discovery doctrine, the independent source doctrine, and attenuation of the taint.

Example

Police search a home without a warrant and find drugs. Under the exclusionary rule, the drugs are inadmissible unless an exception applies.

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