1. The Exclusionary Rule
... evidence obtained illegally is equally subject to exclusion. This is known as the "fruit of the poisonous tree" doctrine. The U.S. Supreme Court established this rule that evidence gathered by a governmental agent in violation of the Fourth and Fifth Amendments to the U.S. Constitution cannot be admitted as evidence against a defendant. The rule is available primarily in criminal trials or similar proceedings and must also be observed by state ... of constitutional rights. Confessions obtained in violation of a defendant's constitutional rights are deemed as offensive of the Fifth Amend...
- Word Count: 2672
- Approx Pages: 11
- Grade Level: Undergraduate