The exclusionary rule and its rationale
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The exclusionary rule and its rationale

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Published by Central Lawbook Pub. in Quezon City, Philippines .
Written in English

Subjects:

Places:

  • Philippines.

Subjects:

  • Exclusionary rule (Evidence) -- Philippines.

Book details:

Edition Notes

Statementby Alicia B. Gonzalez-Decano.
Classifications
LC ClassificationsKPM3652 .G66 2004
The Physical Object
Paginationxviii, 251 p. ;
Number of Pages251
ID Numbers
Open LibraryOL3287862M
ISBN 109711605465
LC Control Number2003711623
OCLC/WorldCa55079229

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Exclusionary rule, in U.S. law, the principle that evidence seized by police in violation of the Fourth Amendment to the U.S. Constitution may not be used against a criminal defendant at trial.. The Fourth Amendment guarantees freedom from unreasonable searches and seizures—that is, those made without a warrant signed by a judge. The U.S. Supreme Court held in Wolf v. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.2 Whether you are a United States citizen or an immigrant, the exclusionary rule applies to everyone who lives in the United States. The exclusionary rule was brought up in . The exclusionary rule generally requires that evidence that results from an unlawful detention or arrest be excluded from court. But not always. Suppose a warrant is out for your arrest. An officer who’s unaware of the warrant detains you, but not because you were doing anything wrong. Maybe the officer is speculating that you’re up to no good.   Ohio That Misses the Larger Exclusionary Rule Story, 4 OHIO St. J. CRIM. L. , () (book review) (tracing exclusionary rule to Boyd and Weeks). () Pp. Oliver attributes this to the legal academy's "focus on the US Supreme Court to pinpoint the origins of legal innovation." P.

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in . Article will focus on the exclusionary rule as applied to the fruit of illegally obtained evidence, hopefully illuminating the complexities of the "fruit of the poisonous tree" doctrine. I GENERAL PRINCIPLES OF THE EXCLUSIONARY RULE Before examining the exclusionary rule as applied to secondary evi-.   Open Library is an open, editable library catalog, building towards a web page for every book ever published. The exclusionary rule and its rationale by Alicia B. Gonzalez-Decano, , Central Lawbook Pub. edition, in English - : Gonzalez-Decano, Alicia B. , The exclusionary rule and its rationale / by Alicia B. Gonzalez-Decano Central Lawbook Pub Quezon City, Philippines Wikipedia Citation Please see Wikipedia's template documentation for further citation fields that may be required.

Companion to the Exclusionary Rule: Fruit of the Poisonous Tree A legal concept that's related to the exclusionary rule is the " fruit of the poisonous tree " doctrine. Under this doctrine, a court may exclude from trial not only evidence that itself was seized in violation of the U.S. Constitution, but also any other evidence that is derived. Excluding the Exclusionary Rule: Extending the Rationale of Hudson V. Michigan to Evidence Seized during Unauthorized Nighttime Searches By Gittins, Jeffry R Brigham Young University Law Review, Vol. , No. 2, January 1, The exclusionary rule is a judge‐made rule that evidence obtained by the government in violation of a defendant's constitutional rights can't be used against him or her. By filing a motion to suppress before the trial asking the judge to rule the evidence as inadmissible, a defendant may prevent the prosecution from using illegally obtained evidence. T1 - The exclusionary rule. T2 - Its effect on innocence and guilt. AU - Jacobi, Tonja. PY - /1/1. Y1 - /1/1. N2 - The exclusionary rule is the principal constitutional remedy for police violations of Fourth Amendment rights. It prevents juries from considering relevant evidence, so as to deter future police misconduct.