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Section 10.2 The Exclusionary Rule Section 10.2 The Exclusionary Rule.

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Presentation on theme: "Section 10.2 The Exclusionary Rule Section 10.2 The Exclusionary Rule."— Presentation transcript:

1 Section 10.2 The Exclusionary Rule Section 10.2 The Exclusionary Rule

2 Police and the Law 2 2 The Exclusionary Rule 10.2 The Exclusionary Rule Courts may dismiss evidence according to the exclusionary rule.

3 Police and the Law 3 3 The Exclusionary Rule 10.2 The Exclusionary Rule A rule of evidence that does not allow any court to use evidence that is obtained in violation of a defendant’s constitutional rights. Exclusionary Rule

4 Police and the Law 4 4 The Exclusionary Rule 10.2 The Exclusionary Rule In Weeks v. United States (1914), the U.S. Supreme Court stated that federal law enforcement agents could not illegally seize evidence and use it against a defendant in a federal case.

5 Police and the Law 5 5 The Exclusionary Rule 10.2 The Exclusionary Rule In Elkins v. United States (1960), the Court ruled that presenting illegally seized state evidence in federal courts was unconstitutional.

6 Police and the Law 6 6 The Exclusionary Rule 10.2 The Exclusionary Rule In Mapp v Ohio (1961), the Court stated that any evidence seized in violation of the Fourth Amendment could not be admitted into any court, state or federal.

7 Police and the Law 7 7 The Exclusionary Rule 10.2 The Exclusionary Rule The exclusionary rule also applies to evidence that is found as an indirect result of illegal searches. The secondary evidence is called the fruit of the poison tree. The exclusionary rule also applies to evidence that is found as an indirect result of illegal searches. The secondary evidence is called the fruit of the poison tree.

8 Police and the Law 8 8 The Exclusionary Rule 10.2 The Exclusionary Rule The fruit of the poisonous tree doctrine also applies to illegal arrests, illegal identification procedures, and involuntary confession.

9 Police and the Law 9 9 The Exclusionary Rule 10.2 The Exclusionary Rule The Court has established the good faith exception for searches pursuant to a warrant.

10 Police and the Law 10 The Exclusionary Rule 10.2 The Exclusionary Rule An exception to the exclusionary rule that holds that evidence is admissible from a seemingly acceptable warrant that is later determined to be invalid for reasons that the police did not foresee. Good Faith Exception

11 Police and the Law 11 The Exclusionary Rule 10.2 ? 1.What is the exclusionary rule? 2.What is the fruit of the poison tree doctrine? 1.What is the exclusionary rule? 2.What is the fruit of the poison tree doctrine?

12 End of Section 10.2 The Exclusionary Rule End of Section 10.2 The Exclusionary Rule


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