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Short answer: Evidence obtained illegally is inadmissible in court

--Theoretically, there are several alternatives to the exclusionary rule. An illegal search and seizure may be criminally actionable and officers undertaking one thus subject to prosecution, but the examples when officers are criminally prosecuted for overzealous law enforcement are extremely rare. 158 A policeman who makes an illegal search and seizure is subject to internal departmental discipline which may be backed up in the few jurisdictions which have adopted them by the oversight of and participation of police review boards, but again the examples of disciplinary actions are exceedingly rare. 159 Persons who have been illegally arrested or who have had their privacy invaded will usually have a tort action available under state statutory or common law.

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14y ago
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12y ago

department discipline, civillian review boards, and civil suits

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Q: What are the alternatives to the exclusionary rule?
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Related questions

What supreme court diminished the scope of the exclusionary rule?

Supreme Court cases diminished the scope of the exclusionary rule?


What supreme court case diminished the scope of the exclusionary rule?

Supreme Court cases diminished the scope of the exclusionary rule?


The exclusionary rule is an example of a rule written?

to protect citizens' rights.


Should the exclusionary rule be abandoned?

Yes, the Exculsionary Rule should be abandoned.


Evidence gained by the police from an illegal act is subject to which rule?

The Exclusionary Rule.


The US Supreme Court has declined to extend the exclusionary rule to searches conducted by whom?

The Supreme Court created an exception to the exclusionary rule for searches conducted by school administrators.


The constitution expressly provides for the exclusionary rule in?

Fourth Amendment


What is the significance of US v Calandra 414 US 338?

grand juries are not held to the same standard in regards to the exclusionary rule as police are... the exclusionary rule deters unlawful police conduct allowing the exclusionary rule for grand juries "unduly" interferes with the duties of the grand jury that are in merits supposed to be quick and effective Holding: The Court holds that the exclusionary rule in search and seizure cases does not apply to grand jury proceedings because the principal objective of the rule is "to deter future unlawful police conduct," and "it is unrealistic to assume that application of the rule to grand jury proceedings would significantly further that goal." Dissent: exclusionary rule protects against "all potential victims of unlawful government conduct"


What is a great introduction to a Reflection Paper?

Probable cause and the exclusionary rule


What legal doctrine was established to control police misconduct?

The legal doctrine established to control police misconduct is called "qualified immunity." This doctrine protects government officials, including police officers, from being held personally liable for civil damages as long as their actions did not violate clearly established statutory or constitutional rights.


How is the exclusionary rule used in Jeffery Dahmer's case?

That was not used in this case.


What rule states that if law enforcement does not gather evidence properly it cant be used in a trial?

exclusionary rule