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Exclusionary Rule

Exclusionary Rule. Admissible Evidence. General Rule – All relevant and material evidence is admissible. Rule of Exclusion. If evidence has been obtained illegally, it is inadmissible. Examples of Evidence Excluded on Constitutional Grounds. Evidence seized as a result of illegal search.

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Exclusionary Rule

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  1. Exclusionary Rule

  2. Admissible Evidence • General Rule – All relevant and material evidence is admissible.

  3. Rule of Exclusion • If evidence has been obtained illegally, it is inadmissible.

  4. Examples of Evidence Excluded on Constitutional Grounds • Evidence seized as a result of illegal search. • Illegally obtained confession. • Articles / property obtained in violation of due process (4th & 14th Amendments). • Evidence resulting from improper lineup.

  5. Illegalpolice act Evidenceillegally obtained Evidence obtainedfrom illegally obtained evidence Inevitable discovery. Independent untaintedsource. Purged taint.Good faith. Except 1. Illegally seized evidence —not admissible. 2. “Fruit of the poisonous tree” —not admissible. 3. Admissible How Evidence Becomes Inadmissableand the Exceptions that Make it Admissible Source: Adapted from Rolando del Carmen, Criminal Procedure: Law and Practice (Pacific Grove, CA: Brooks Cole, 1991), p. 61.

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