1. (§1.12) Exclusionary Rule Generally
The exclusionary rule is used to deter the police from violating a person’s constitutional rights. This rule prohibits the introduction, at a criminal trial, of evidence obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights. The rule’s main rationale is that, if the police cannot use evidence obtained in violation of a person’s rights, they will be less likely to act in a way that violates those rights. This rule provides one remedy for the deprivation of constitutional rights; other remedies may include civil suits or injunctions.
The exclusionary rule, with some exceptions, excludes illegally obtained evidence and also all evidence obtained or derived from the exploitation of that evidence. Nardone v. United States, 308 U.S. 338 (1939). An individual violated under this rule may file a motion to suppress, which is a motion for the refusal to produce the evidence that was obtained wrongly. This motion will allow a defendant the opportunity to exclude the evidence that violated the defendant’s constitutional rights.
2012 CUMULATIVE SUPPLEMENT (§1.12)
1. (§1.12) Exclusionary Rule Generally
The Supreme Court of Missouri held in 2011 that no exception to the exclusionary rule applied to an arrest made under a...
