Should There Be Allowed To Obtain Evidence

632 Words3 Pages
Any evidence that is obtained resulting from the use of illegally obtained evidence is not allowed to be used in court. Also, evidence that is seized, but was obtained through the violation of a person’s constitutional rights is not allowed to be used in court. These methods of obtaining evidence are made illegal by the exclusionary rule. There are many other regulations that stem from the exclusionary rule, such as the fruit of the poisoned tree rule, the inevitable discovery exception, and the good faith exception. All of these rules pertain to the guidelines of what evidence can and cannot be used in court depending on how it was seized or searched.
The fruit of the poisoned tree says that any evidence that can be used to incriminate a
…show more content…
The inevitable discovery exception says that illegally obtained evidence may be admissible in court if officers would have “inevitably discovered” the evidence, had they when about obtaining it in a lawful manner. Although this is a guideline that stems off of the exclusionary rule, it is not always promised to members of a trial that the exception will be allowed. It can take years to reverse an evidence exclusion ruling. In some cases, evidence may first be excluded as it is a violation of the exclusionary rule, but years later, the evidence may be admissible because it is an exception – as it would have been found in a legal way by law enforcement somehow or another. Another direct exception the exclusionary rule is the good-faith exception. When a court allows a good-faith exception, they allow evidence that was technically obtained illegally, via an invalid search warrant, to be used in court if an officer seized said evidence in “good-faith”. If an officer acquired evidence in “good-faith,” this means that he or she was not aware of the invalid-ness of the search warrant. In contrast, if an officer is aware of the invalid search warrant, but still proceeds to attain evidence, the good-faith exception will not be applied and the evidence will not be allowed in

More about Should There Be Allowed To Obtain Evidence

Open Document