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If the case is still in progress, the defense attorney should ask for a mistrial. If the trial has already been adjudicated they should file an appeal with the Court of Appeals based on this alleged fact.

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15y ago

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Related Questions

What percentage of cases are dropped because of the exclusionary rule?

It is difficult to provide an exact percentage, as it can vary by jurisdiction and case specifics. The exclusionary rule typically leads to the suppression of evidence obtained through unconstitutional means. When this happens, prosecutors may drop the case if they believe they cannot proceed successfully without the suppressed evidence.


Which amendment applies the courts in the exclusionary rule have held that evidence seized unlawfully with a search warrant cannot be used in a court of law?

The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures." The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incrimination. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.


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.


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

The Exclusionary Rule.


Should the exclusionary rule be abandoned?

Yes, the Exculsionary Rule should be abandoned.


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


From what part of a criminal trial does the exclusionary rule ban illegally obtained evidence?

The exclusionary rule bans illegally obtained evidence from being used in court during the trial phase.


What is a great introduction to a Reflection Paper?

Probable cause and the exclusionary rule


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

That was not used in this case.