EXCLUSIONARY RULE

Policy and Proposed Guidelines

Introduction

The exclusionary rule has been a controversial principles designed to discard evidence that is obtained in violation to the criminal defendant's fourth amendment rights. The rule applies to criminal trials and as a general matter forbids the use of evidence that was obtained as a result of a violation of the Fourth or Fifth Amendments in the government's case-in-chief, that is, in the part of the trial where the government presents its evidence of the defendant's guilt. The rule is designed to remedy and discourage, in a criminal prosecution, both the prosecutor and the police to ...