Exclusionary Rule

Share This
« Back to Glossary Index

The 4th amendment mandates there must be a warrant based on probable cause to search and seize evidence

A warrantless search without probable cause that a crime is being committed or is about to be committed, depending on the circumstances, might be excluded as evidence against the defendant because it violated the defendant’s fourth amendment rights.

The exclusionary rule is intended to dissuade prosecutors and law enforcement from the privacy rights enshrined in our constitution. However, the law does provide exceptions to the general rule.

Related Articles

Defendants Rights In Criminal Proceedings

April 24, 2021
The fundamental rights of the accused emanate from the fourth (search and seizure, and the rights upon arrest), fifth (due process, self-incrimination, grand jury), and Sixth Amendment (rights of those charged in a criminal proceeding) of the U.S. Constitution's Bill of Rights. This article addresses the rights of the accused in criminal proceedings. According to…
Read more →

Phases of Criminal Trial

April 24, 2021
This article covers the main stages of a criminal jury trial. You will learn how the different parts of the trial system function within the overall objective of seeing a fair and just verdict. We will summarize the major stages of a jury trial, from jury selection to jury verdict and the defendant's right to…
Read more →

Rules of Evidence

April 24, 2021
There are two types of evidence codes. One is used for criminal proceedings and the other for civil proceedings. Both codes are similar but differ in the standard of proof each requires to prevail.
Read more →

US Constitution

April 24, 2021
We the People of the United States, in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article 1, Section 1…
Read more →

Sponsors

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.