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exclusionary rule |
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exclusionary ruleIn U.S. law, the principle that evidence seized by police in violation of the constitutional protection against unreasonable search and seizure may not be used against a criminal defendant at trial. The Supreme Court of the United States established the validity of the rule in Weeks v. U.S. (1914). In Wolf v. Colorado (1949) the court limited application of the rule to the federal courts; this decision was overturned in Mapp v. Ohio (1961), which required the rule to be applied universally. In the 1980s the court allowed an exception to the rule, holding that evidence obtained “in good faith” with a search warrant later ruled invalid is admissible. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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With this in mind, the Court noted, "the exclusionary rule as we know it is an entirely American legal creation" and one that almost no other nation recognizes as a matter of domestic law. exclusionary rules that might constitute a boycott of some competitors or prevent participants from frequenting competing exchanges? Part of the problem with the exclusionary rule is that it assumes that the Bill of Rights is focused on protecting the guilty rather than the innocent. |
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