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The exclusionary rule does not apply in a civil case, in a grand jury proceeding, or in a parole revocation hearing.. The law in force at the time of the police action, not the time of the attempt to introduce the evidence, controls whether the action is illegal for exclusionary rule purposes.
A subsequent remedial measure is an improvement, repair, or safety measure made after an injury has occurred. FRE 407 [dead link ] prohibits the admission of evidence of subsequent remedial measures to show defendant's (1) negligence; (2) culpable conduct; (3) a defect in defendant's product; (4) defect in the design of defendant's product; or (5) the need for a warning or instruction.
Murray v. United States, 487 U.S. 533 (1988), was a United States Supreme Court decision that created the modern "independent source doctrine" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution inadmissible in criminal trials as ...
Evidence obtained after illegal searches or arrests based on simple police mistakes that are not the result of repeated patterns or flagrant misconduct cannot have the exclusionary rule used to suppress evidence. Convictions upheld. Court membership; Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia
Federal Rule 403 allows relevant evidence to be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice", if it leads to confusion of the issues, if it is misleading or if it is a waste of time. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."
Mapp v. Ohio, 367 U.S. 643 (1961), was a landmark U.S. Supreme Court decision in which the Court ruled that the exclusionary rule, which prevents a prosecutor from using evidence that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies to states as well as the federal government.
Evidence can still be suppressed if an officer lied in the application or if the warrant was so lacking that a reasonably trained officer would know the judge was wrong.
First, the exclusionary rule is designed to deter police misconduct rather than to punish magistrates and judges for their errors. Only when a warrant is grounded upon an affidavit knowingly or recklessly false has the Court suppressed the evidence obtained as a result.