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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.

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To whom does the exclusionary rule apply?

Generally, it applies to the prosecution in that it prohibits the introduction of evidence against the defendant which the court has deemed to be improperly or illegaly obtained.


Does the exclusionary rule apply to civil cases?

No, the exclusionary rule does not apply to civil cases. It is a legal principle that only applies to criminal cases, where evidence obtained in violation of a defendant's constitutional rights is excluded from being used in court.


Applies to tainted evidence in criminal cases but not civil cases?

Are your referring to the terms, "Inadmissable" or perhaps the phrase, "Fruit of The Poisoned Tree?" Also known as the exclusionary rule.


What is the The rule that illegally obtained evidence cannot be used in court?

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).


Which amendment applies to the National Guard?

Amendment 2


What term applies to an amendment that is removed by another amendment?

repealed


The National Guard which amendment applies to this scenario?

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What amendment applies to roe v wade?

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What is an exception to the exclusionary rule?

The exclusionary rule applies to the evidence allowable in a criminal case. One exception is the "good faith exception" established by the US Supreme Court case, United States v. Leon. This exception provides that in some cases evidence discovered in an otherwise illegal search may be used at trial rather than excluded, provided the search had been made in good faith. This means that if the police honestly believed that the search was legal (even though on further review of the facts it was not), the evidence obtained will not be excluded. This applies to officers' objective, good-faith reliance on a warrant, later found to be defective, issued by a detached and neutral magistrate. (See below link)


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