Legal Question in Criminal Law in Arizona

Exclusionary rule

Is the exclusionary rule a constitutional or a judge-made rule? May it be modified by the U.S. congress through legislation?


Asked on 12/08/03, 5:17 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Exclusionary rule

If your reference is to the power of courts to suppress or exclude certain evidence in a criminal case from being introduced at trial, the anwer is that the rule is court-created and is, from time to time, modified by the courts, the ultimate authority being the US Supreme Court. Congress could affect the rule by litigation, but does not often delve into the conduct of a trial or the authority of the trial court to determine what is and what is not proper evidence at trial.

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Answered on 12/08/03, 8:25 pm


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