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What is the main purpose of the exclusionary rule?
The Exclusionary Rule's purpose is to keep certain evidence from being used against you in a criminal trial. Police procedure in gathering evidence against you is heavily dictated by cases interpreting the Fourth Amendment. Evidence gathered in violation of your Constitutional rights is subject to the Exclusionary Rule.
If the police conduct a illegal search can the accused still be charged?
Yes, however, if the search was illegal, nothing gained from the search can be used in court. The defendant should file a motion to suppress prior to trial, and in some situations, there will be no way to continue with prosecution if the evidence is suppressed.
What has the author Arthur H Sherry written?
Arthur H. Sherry has written: 'Rules of evidence' -- subject(s): Evidence (Law), Study and teaching, Police, Police training 'Law of arrest' -- subject(s): Searches and seizures, Arrest, Study and teaching, Police, Police training
Is It illegal to film police speeding in the UK Because I fancy getting a micro camera to put on my motorbike and ride round getting evidence of police speeding?
It is not illegal to photograph the police in the UK. It is illegal to operate a cellphone or other electronics device while driving, so be careful how you set up your camera.
Are there limits for criminal searches of misdemeanors by prospective employers in New York state?
The real problem faced is this: since the search, even if illegal, is not carried out by the police, any inculpatory evidence found will not be subject to exclusionary rule.
If the police break into a person home illegally to love for evidence that could be.?
Under the constitution 4th, 5th, and 14th amendments an illegal search and seizure can not be used to convict a person. In 1950 a woman in Ohio had an illegal search done by the police and they seized evidence while in her home. The case went to the Supreme Court and she won her case.
Is it illegal to handcuff someone if they did something wrong such as start a fight or theft something and you are not in the police force?
No its called a citazens arrest as long as you tell the police and have evidence of what they have done its not wrong
Under what circumstances can the police seize your car?
The police can seize your car if they have a valid reason to believe it was involved in a crime, such as being used for illegal activities or if it is evidence in a criminal investigation.
If the police broke into a person and home illegally to look for evidence that could be?
To come into a home the police need a search warrant to search. Without the warrant the evidence is not admissible in court. It would be an illegal search.
What has the author David A Sklansky written?
David A. Sklansky has written: 'Federal Rules of Evidence and California Evidence Code 2007 (Statutory and Case Supplement)' 'Democracy and the police' -- subject(s): Democracy, Police, Police-community relations, Rule of law
Is it illegal for police to solicit a trespass?
Yes, it is illegal for police to solicit a trespass.
What has the author A Daniel Yarmey written?
A. Daniel Yarmey has written: 'Understanding police and police work' -- subject(s): Criminal psychology, Police, Police psychology 'The psychology of eyewitness testimony' -- subject(s): Criminal Evidence, Eyewitness identification, Forensic psychology, Memory
