Under the exclusionary rule, evidence seized or obtained in violation of the defendant's constitutional rights cannot be used against him or her in a criminal case.

Under the exclusionary rule, evidence seized or obtained in violation of the defendant's constitutional rights cannot be used against him or her in a criminal case.

• A. False
• B. True
• C. Sometimes true depending on the judge
• D. Only in federal cases

Answer: (B)

The exclusionary rule is the principle that evidence obtained in violation of a defendant’s constitutional rights is not admissible in a criminal trial. This rule is designed to deter police from conducting unlawful searches and seizures and it applies to both federal and state prosecutions (the Fourteenth Amendment has been interpreted to incorporate the Fourth Amendment against the states). Therefore, in the usual sense, evidence seized in violation cannot be used against the defendant in a criminal case. There are technical exceptions that can allow tainted evidence to be admitted, such as the good-faith exception, inevitable discovery, independent source, or attenuation, but these are narrow, and the general rule remains that illegally obtained evidence is not admissible. The other options misstate the scope or nature of the rule.

The exclusionary rule is the principle that evidence obtained in violation of a defendant’s constitutional rights is not admissible in a criminal trial. This rule is designed to deter police from conducting unlawful searches and seizures and it applies to both federal and state prosecutions (the Fourteenth Amendment has been interpreted to incorporate the Fourth Amendment against the states). Therefore, in the usual sense, evidence seized in violation cannot be used against the defendant in a criminal case.

There are technical exceptions that can allow tainted evidence to be admitted, such as the good-faith exception, inevitable discovery, independent source, or attenuation, but these are narrow, and the general rule remains that illegally obtained evidence is not admissible. The other options misstate the scope or nature of the rule.