It is called the exclusionary rule (originating in 1769 England, it was not tested until 1886 in the United States: Boyd VS United States and a strong federal stance on the issue in 1914: Weeks VS United States).
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It is called the exclusionary rule. The basic principle is that if the police do not follow the law, then evidence obtained by violating the law is excluded from court. This is often the result of searches or seizures done in violation of the 4th Amendment and confessions obtained in violation of the rules of Miranda. For more information see the related links. ADDED: Also known as "The Fruit Of The Poisoned Tree" doctrine.
amendment 4
The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures." The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incrimination. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.
The exclusionary rule originally often applies to evidence obtained through unauthorized search and seizure. Under the Fourth Amendment, a warrant, which required probable cause, should be obtained in order to conduct a search. A number of exceptions to the warrant requirement have developed, based on other interpretations of what "reasonableness" entails. A strict interpretation of the Fourth Amendment says that a search without a warrant is unreasonable. This interpretation is favored by civil liberties advocate. The rule was expanded in the 1960s to cover other aspects of law enforcement procedure, including "involuntary" confessions, suspect identification obtained in violation of the Fifth and Sixth Amendments, wiretapping evidence in violation of federal law, and other evidence obtained through very unreasonable or "shocking" means in violation of Constitutional rights. In Illinois, People v. Albea (1954) ruled that testimony from witnesses found in course of an unlawful search cannot be admitted into court.
It is known as The Exclusionary Rule, and is based on several US Supreme Court rulings over the years that are based on the Fourth, Fifth and Sixth Amendments to the US Constitution.
There are some little-known exceptions to its usage, and it does not apply in ALL instances.
See below link for further information:
The Fourth Amendment to the U.S. Constitution is what prohibits the induction of unlawfully obtained evidence.
Also, in 1920 there was a famous case named Silverthorne Lumber Co. v. United States in which the Supreme Court created a new Doctrine called "Fruit of the Poisonous Tree Doctrine".
This Doctrine prohibits Government Officials from admitting before a court, evidence in which chain of custody, rules of evidence procedure, or lawful obtainment were not met. In any of these three issues are present in terms of evidence, the evidence must be suppressed, meaning it cannot be used against the accused.
Of course, over the years this Doctrine has changed and exceptions to the rule have been made as well.
they don't know why wont't you answer it?
excusionary rule?
self-counsel rule ?
self-incrimination rule ?
double jeopardy rule ?
The exclusionary rule dictates that any evidence obtained with an improperly received search warrant or evidence obtained without any search warrant would be held inadmissible in a criminal trial.
The Exclusionary Rule's purpose is to keep certain evidence from being used against you in a criminal trial. Police procedure in gathering evidence against you is heavily dictated by cases interpreting the Fourth Amendment. Evidence gathered in violation of your Constitutional rights is subject to the Exclusionary Rule.
You don't 'submit evidence' to the Supreme Court. The Supreme Court only rules on cases which have already been litigated, and does not hear witnesses or view evidence.
Contempt of Court is issued when a person has been hiding evidence from the court that could have helped them to solve the crime or civil case. Their only issued if the person has been asked by the court if they have any evidence for them if the person who has been asked replies no but knows that he has evidence he will be issued a Contempt of Court.
The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures." The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incrimination. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.