Sentences with phrase «exclusionary rule applies»

Assuming that no exclusionary rule applies, evidence obtained by a vigilante can potentially be admitted through the testimony of a police officer or other witness, subject to the rule against hearsay and the question of reliability.

[3] The sole issue is whether this exclusionary rule applies to «express hearsay» only, or to «implied hearsay» as well.

Not exact matches

(US only, a lawyer but not your lawyer, information not advice) I would say that some combination of the good - faith exception to the exclusionary rule and the Fourth amendment third - party doctrine apply here and you wouldn't get those things tossed.

As a general rule, the 4th Amendment exclusionary rule does not apply to evidence collected by private parties or to statements obtained by private parties that are not made under duress that are not Mirandized.

But, if your client is effectively «deputized» or becomes a «de facto» agent of the state who is called up to be a member of a posse for the police, for example, by using an agreed symbol such as shining a light with a symbol on it on some clouds, at that point, with respect to that matter, the 4th Amendment exclusionary rule and Miranda probably do apply to evidence that your client obtains, and exclusion of that kind of evidence could make prosecution much more difficult, unless the prosecution can successfully make an argument that the other evidence that the illegally obtained evidence leads them to is not «fruit of the poisonous tree» because it would have inevitably been discovered in due course using only the legally obtained evidence.

However, the Fourth Amendment exclusionary rule does not apply to evidence obtained illegally by a private individual: Burdeau v. McDowell, 256 U.S. 465 (1921).

The Court found that the exclusionary rule did not apply because of the attenuation doctrine:

Not only will the application of the exclusionary rule depend on a wide range of considerations, other rules of evidence may need to be applied (such as the rules against character evidence and extrinsic evidence on a collateral matter).

A federal requirement that parole boards apply the exclusionary rule... would severely disrupt the traditionally informal, administrative process of parole revocation.