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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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