Note On The Exclusionary Rule
The exclusionary rule is another rule under which relevant evidence may be excluded, based in part on public policy concerns. Under this rule, evidence gathered by the police from an illegal search is inadmissible in a criminal case. Such exclusion is intended, in part, to discourage law enforcement officials from violating the search subject's constitutional right against unreasonable search and seizure. However, it is premised as much on the right of the individual accused against such a search as it is on the larger issue of law enforcement behavior. The rule does also reflect on questions of reliability regarding some (but not all) types of evidence that are excluded thereunder. For example, an officer conducting a warrantless search may have more of an opportunity to plant evidence, and a confession coerced out of a party denied access to legal counsel may be false.
In legal education and discourse, the exclusionary rule is generally treated as a rule of criminal procedure, rather than a rule of evidence.
Read more about this topic: Public Policy Doctrines For The Exclusion Of Relevant Evidence
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