exclusionary rule


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Related to exclusionary rule: fruit of the poisonous tree

exclusionary rule

n.
The rule, based upon the Fourth Amendment to the US Constitution, that prevents the use of illegally seized evidence against a defendant in a criminal trial.

exclu′sionary rule`


n.
a rule that forbids the introduction of illegally obtained evidence in a criminal trial.
[1955–60]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.exclusionary rule - a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conductexclusionary rule - a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
rule of evidence - (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is established or disproved
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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.
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.
Part II analyzes developments in constitutional criminal procedure and the exclusionary rule for evidence obtained in violation of defendants' constitutional rights in the era that followed.
Insufficient Deterrent in the Criminal Exclusionary Rule
47) However, Davis recognized an exception to this exclusionary rule for law enforcement acting on a reasonable, good faith belief that they were acting consistent with legal authority by relying on a search warrant, later found to be legally defective.
The first part of the book compares the exclusionary rule in China and Europe.
The article incorrectly states that the Indian Civil Rights Act of 1968 (ICRA) prohibits the use of the exclusionary rule in tribal courts.
and 1977 where the accused was freed because of the exclusionary rule,
45) In overruling decades of precedent excluding such evidence, (46) the Court concluded that exclusion was inappropriate because it did not further the purpose and goal of the exclusionary rule.
Those modern means, according to Davis, include: "(1) bail, (2) prompt arraignment and determination of probable cause, (3) the exclusionary rule, (4) police department internal review and disciplinary procedure, and (5) civil remedies.