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exclusionary rule

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exclusionary rule

In 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.



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695 (2009) The Court in this case was presented with the issue of whether the exclusionary rule should apply when an arrest occurs that should not have because the original arrest warrant had actually been recalled months prior to its execution.
Other topics include the concept of due process, the exclusionary rule, civil liability and the criminal justice professional, and terrorism and the Writ of Habeas Corpus.
Justice Ruth Bader Ginsburg, writing for the dissent, argued that the exclusionary rule protects defendants' rights and prevents judicial complicity in "official lawlessness.
 
 
 
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