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建立人际资源圈The_Exclusionary_Rule
2013-11-13 来源: 类别: 更多范文
The Exclusionary Rule
Everyone knows about the concept that they have the right to privacy and cannot be searched without a proper warrant. Unfortunately, many people dont know about the exclusionary rule, which is what actually protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court.
In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they cant all be proved, the exclusionary rule would be exempt.
It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong.
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