CMJS 3503 Chapter Notes - Chapter 10-12: Exclusionary Rule, Police Misconduct, Eyewitness Identification
31 Aug 2016
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The type of remedy that chapter 10 focuses on. Bans illegally obtained evidence in the case against the defendant (most frequently used remedy) Probative evidence= evidence that proves defendants committed the crimes they"re charged with. Police actions and procedures that violate any of five constitutional rights. 2 important points about the exclusionary rule: Searches and seizures make up the great bulk of suppression cases. Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally (cannot be said of eyewitness identification etc) From weeks v. u. s. to mapp v. ohio. Officers broke into weeks house in 1914 charged him with illegal gambling (they didn"t have a warrant) Exclusionary rule established in weeks only applied to federal cases. Left it up to states how to enforce until . We hold that all evidence obtained by searches and seizures in violation of the constitution is inadmissible in a state court .
