Question

Explain the purpose and scope of the exclusionary rule. Provide examples of when law enforcement evidence may be suppressed due to the exclusionary rule.

Answer 1

Purpose & scope of exclusionary rule:

The purpose of exclusionary rule is to find out a balance between the deterrence of police misconduct and the requirements of law enforcement.

Scope:

The exclusionary rule precludes the use of illegally seized evidence in order to establish defendant’s guilt or innocence. The rule prevents the government from using the evidence gathered against violation of US constitution. The exclusionary rule is applicable for evidence gained from an unreasonable search. The exclusionary rule also applies to situations where government violated the defendant’s right to counsel.

It is a court created remedy that is based on constitutional rights. If any evidence falls within the scope of exclusionary rule, and if it has not located the other evidence, then the rule would apply one to the new evidence subject to certain exceptions.

When evidence is suppressed due to exclusionary rule:

The exclusionary rule would prevent the government from using those evidences that has been gathered illegally. For example, a weapon that has been used to murder someone can’t be used as evidence by the police if the police illegally searched the residence of defendant. The evidence is admissible only if after obtaining valid search warrant.

Similarly the “fruit of poisonous tree doctrine” states that any testimonies may be excluded from trial if it is obtained as a result of illegal search.

The evidence will also be suppressed if there is no proper care for evidence from the time it is obtained till it is presented for trial. For example if the police modifies any evidence obtained at the time of happening of incident. Then such evidences will be suppressed and will not be presented for trial.