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Simple English definitions for legal terms

exclusionary rule

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A quick definition of exclusionary rule:

The exclusionary rule is a law that says the government can't use evidence that was gathered in a way that breaks the Constitution. This means that if the police do something wrong when they search or seize something, they can't use what they find in court. There are some exceptions to this rule, like if the police didn't know they were doing something wrong or if they would have found the evidence anyway. The purpose of the rule is to make sure that the police follow the law and to protect people's rights.

A more thorough explanation:

The exclusionary rule is a legal principle that prevents the government from using evidence that was obtained in violation of the United States Constitution. This rule applies to evidence that was gathered through an unreasonable search or seizure, in violation of the Fourth Amendment. It also applies to self-incriminatory statements obtained in violation of the Fifth Amendment and evidence obtained in violation of the Sixth Amendment right to counsel.

If evidence that falls within the scope of the exclusionary rule leads law enforcement to other evidence, which they would not otherwise have located, then the exclusionary rule applies to the newly discovered evidence. This secondarily excluded evidence is called “fruit of the poisonous tree.”

The exclusionary rule is a court-created remedy and deterrent, not an independent constitutional right. Its purpose is to deter law enforcement officers from conducting searches or seizures in violation of the Fourth Amendment and to provide remedies to defendants whose rights have been infringed.

There are several exceptions to the exclusionary rule:

  • Good Faith Exception: Evidence is not excluded if it is obtained by officers who reasonably rely on a search warrant that turns out to be invalid. This exception does not trigger the rule because excluding the evidence would not deter police officers from violating the law in the future.
  • Independent Source Doctrine: Evidence initially obtained during an unlawful search or seizure may later be admissible if the evidence is later obtained through a constitutionally valid search or seizure.
  • Inevitable Discovery Doctrine: This doctrine allows admission of evidence that was discovered in an unlawful search or seizure if it would have been discovered in the same condition anyway, by an independent line of investigation that was already being pursued when the unlawful search or seizure occurred.
  • Attenuation Doctrine: In cases where the relationship between the evidence challenged and the unconstitutional conduct is too remote and attenuated, the evidence may be admissible.
  • Evidence Admissible for Impeachment: The exclusionary rule does not prevent the government from introducing illegally gathered evidence to “impeach,” or attack the credibility of, defendants’ testimony at trial.
  • Qualified Immunity: Due to qualified immunity, the exclusionary rule is often a defendant's only remedy when police officers conduct an unreasonable search or violate their Miranda rights.

For example, the good faith exception allows evidence to be admissible if it is obtained by officers who reasonably rely on a search warrant that turns out to be invalid. This exception does not trigger the exclusionary rule because excluding the evidence would not deter police officers from violating the law in the future.

excited utterance | exclusive dealing arrangement

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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