Category: Criminal Procedure

criminal PROCEDURE I. Exclusionary Rule The Rule: A judge-made doctrine that prohibits the introduction of evidence obtained in violation of a defendant’s 4th, 5th, or 6th Am rights. Under the rule, illegally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded. Limitations Does not apply to the…

Exclusionary Rule Rule: Prohibits introduction of evidence obtained in violation of a federal statute or constitutional rights. (4th, 5th, 6th A rights) against victim of illegal search or coerced confession Inapplicable to grand juries (grand jury W may be compelled to testify based on illegal evidence), civil cases, and parole hearings. Exceptions (ER does not…