We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is the Exclusionary Rule?

By Felicia Dye
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The exclusionary rule provides protection for defendants in criminal cases. It also protects the civil liberties of American citizens. The rule attempts to make sure that crime is not fought with crime. It does this by barring evidence that is illegally obtained.

In the United States, everyone has rights. The people who accept the responsibility of upholding the law are responsible for upholding all laws as they pertain to everyone. This includes suspected criminals. The exclusionary rule, which is based on constitutional rights, is an instance when such responsibility is specifically outlined.

The American idea of excluding certain evidence is derived from English common law. The exclusionary rule is directly related to the Fourth Amendment of the U.S. Constitution, which addresses illegal search and seizure. This rule is generally used to suppress items before a trial begins.

Suppressing information is done by filing a motion. In some instances, the prosecution may dispute the claims and aim to have the evidence admitted. In these instances, the defendant bears the burden of proving the evidence should not be admitted.

The exclusionary rule is surrounded by controversy. This is because it can allow people who are obviously guilty avoid conviction. Police or prosecutors can have solid proof that a person committed a criminal act. If, however, that evidence was not obtained in a lawful manner, the exclusionary rule prevents it from being used in court.

An example of evidence that is illegally obtained could be an incriminating photo. Such an item could be essential to prosecution. If a police officer knows the photo exists and believes he knows where, he must generally obtain a search warrant to obtain the photo. If the police officer is unable to obtain the search warrant and decides to sneak into a residence and take it, then it becomes illegal evidence.

The exclusionary rule can also protect the civil liberties of other citizens. In the example above, perhaps the photo is located in the home of a third party. Although the police officer’s actions are motivated by a desire to ensure justice, he violates the rights of a third party when he enters their home unlawfully. The inadmissibility of evidence obtained in such a manner helps prevent law officials from engaging in such practices.

As is the case with many rules, there are exceptions to the exclusionary rule. It does not bar all evidence obtained without a search warrant. There are some instances when such evidence may be permissible. These include instances when evidence is in plain view, in open fields, or when there are exigent circumstances.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.