It denied Skoglunds motion, saying that his reliance on criminal statutes and the exclusionary rule
was misplaced in a civil eviction proceeding and that it was reasonable for the officers to conduct a protective sweep of the apartment.
It is almost trite to say that the exclusionary rule
It describes the constitutionality of police practices like the exclusionary rule
, arrests and stops, searches of persons and vehicles, seizures of property, interrogation of suspects, and identification through lineups and showups, then issues that arise after criminal proceedings begin against the suspect, including procedures related to pretrial release, prosecutorial discretion, preliminary proceedings, grand jury practice, joinder of offenses and defendants, speedy trial, pretrial discovery of factual information, pretrial publicity, plea bargaining, jury trials, appeals, double jeopardy, and post-conviction remedies.
Neither the exclusionary rule
nor the threat of civil liability deters police misconduct, leaving scholars to cast about for alternative measures.
The exclusionary rule
in the United States calls on judges to sort the dirty laundry in the government's case and to exclude from criminal trials evidence that the police obtain through constitutional violations.
Federal law creates three primary legal remedies for Fourth Amendment violations: the exclusionary rule
, civil damages against officers, and criminal prosecution.
First, the Court has developed a gatekeeping rule of fault for individualized constitutional remedies ranging from constitutional tort to habeas to the exclusionary rule
By contrast, the rules regulating searches and seizures of evidence are reasonably clear as a result of the exclusionary rule
, which forbids the use of illegally obtained evidence in a criminal trial.
Carrington, recently cited by Justice Scalia in deciding that police need a warrant to place a GPS device on a car; and in the Wilkes cases, relied upon by Professor Akhil Amar of Yale to argue against the exclusionary rule
Following a review of the history of legislative intent in Canadian courts, the exclusionary rule
and an important Canadian case, Rizzo & Rizzo Shoes Ltd, the authors explore what developments in this area of law, statutory interpretation and, legislative intent research, might mean for parliamentary and legislative libraries in Canada.
16) Just as clearly, the Fourth Amendment is, by its terms, an exclusionary rule
The exclusionary rule
is a judicially created doctrine that precludes the government from using at trial evidence obtained as a result of a violation of the defendant's search and seizure rights.