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exclusionary rule
(redirected from exclusionary rules)

    Also found in: Dictionary/thesaurus, Legal 0.01 sec.

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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Issacharov is only the most recent attempt by the Israeli Supreme Court to transplant foreign exclusionary rules into Israel.
Doctrines without borders: the "new" Israeli exclusionary rule and ... by Blum, Binyamin / Stanford Law Review
Given the Court's conclusion in Elstad that the Fourth and Fifth Amendment exclusionary rules are not the same and that "technical" Miranda violations should not lead to exclusion, this "good-faith exception" seems a reasonable compromise between the extremes of total inclusion and total exclusion.
The 'fruits' of Miranda violations by Bradley, Craig M. / Trial
If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules of evidence.
Legal ethics and criminal confessions. (Media/Law) by Jones, Ken / St. Louis Journalism Review
 
 
 
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