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exclusionary rule :: legal definition


Exclusionary rule - n. the rule that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is "excluded" upon a motion to suppress made by the lawyer for the accused. It is based on the constitutional requirement that ":no [person] can be deprived of life, liberty, or property, without due process of law" (Fifth Amendment to the Constitution, applied to the states by 14th Amendment). A technical error in a search warrant made in good faith will not cause exclusion of the evidence obtained under that warrant. In 1995 the U. S. Supreme Court ruled that evidence obtained with a warrant that had been cancelled could be admitted if the law enforcement officer believed it was still in force. However, evidence which was uncovered as a result of obtaining other evidence illegally will be excluded, under the "fruit of the poisonous tree doctrine." Thus, if an illegal wire tap reveals the location of other evidence, both the transcript of the wire tap conversation and the evidence to which the listeners were directed will be excluded.

See also: due process of law fruit of the poisonous tree motion to suppress and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - E

earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress."
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment