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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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1:15
Was she a natural ginger or a fake ginger? You can’t always tell
Dkk
1:15
@CynicalOops: I go white people cus I am white. Hispanics cus I am hispanic. Black women, Asian women. Sub races Idk.
Dkk
1:15
@cheriebomb: Fake. Her natural hair color was blond.
1:16
A fake ginger bitch will ruin your life <3
CynicalOops
1:16
I met a ginger and i thought she was a real one and then she was fake and it shattered my world
CynicalOops
1:16
Then she moved to london
Dkk
1:16
Uhhh she kinda just ruined hers by trying to cheat on me and then some guy raped her lol.
CynicalOops
1:16
Shattered x2
Dkk
1:17
@cheriebomb: maybe though. Maybe that is true but you shouldn't be saying that to people if you want them to date you.
1:17
Why are women always moving to London? There’s nothing good there
1:17
I’m just being transparent
1:17
The heart indicates that it’s a good thing
Dkk
1:18
Okay sounds good. Yeah my cousin moved to London. Nothing there for him after 6 years and he moved back to New York.
Dkk
1:19
Great to visit, not great to stay imo.
1:19
London sucks and cyncial’s fake ginger is probably regretting it right now
1:19
So dark and rainy and I hate the way they talk
1:19
And their sense of humor
CynicalOops
1:19
Shes was from london so im not sure
CynicalOops
1:21
Dkk i do appreciate your transparency i really understand you better
Dkk
1:21
Europe seems off to me in general. I met a lot of weird europeans in Crypto.
1:21
Oh maybe not then. But that’s your fault for dating a girl from London in the first place
Dkk
1:21
@CynicalOops: lol maybe maybe
1:23
I always understood Dk like we developed in the womb together so this is not new to me
Dkk
1:28
Mhhh maybe
Dkk
1:29
Do I understand you?
CynicalOops
1:46
Si señor yo entiendo
Dkk
2:07
Bueno lol
Dkk
2:07
Jajajaja
CynicalOops
2:08
Latina milfs are on high alert tonight
Dkk
2:51
As they should be. Nah I aint doing shit till January. Holidays I never go out drinking and eating. Gotta take advantage of the fact you can get 5.5 lbs of mussels for $20 at costco rn.
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