Chapter Four: The Exclusionary Rule

Chapter Four – The
Exclusionary Rule
Vicente Farias
Jose Martinez

The Exclusionary Rule
 The Exclusionary Rule
– Evidence obtained in violation of Fourth
Amendment cannot be used at trial
– The primary purpose of the exclusionary rule is to deter police misconduct
– What other purpose does the exclusionary rule have? 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.

The Exclusionary Rule
 Determining What is Inadmissible
– Illegally Seized Evidence
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Contraband
Fruits of the crime
Instruments of the crime
“Mere Evidence”

The Exclusionary Rule
 Determining What is Inadmissible
– Fruit of the Poisonous