Legal Question in Criminal Law in Florida

exclusionary rule

what is the exclusionary rule?


Asked on 11/15/02, 4:02 pm

2 Answers from Attorneys

Dan Akes C. Daniel Akes, Attorney at Law

Re: exclusionary rule

The exclusionary rule is the rule that evidence obtained illegally by police cannot be used against a defendant. It is used to exclude evidence obtained by illegal searches and statements obtained without "Miranda" warnings.

Dan

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Answered on 11/18/02, 11:17 am
Eric Dirga Eric J. Dirga, PA

Re: exclusionary rule

A rule of evidence that is used to exclude evidence that is deemed to have been obtained by law enforcement illegally or in violation of 4th, 5th, or 6th Amendment rights. This rule is used in an effort to make law enforcement abide by our Constitutional safeguards.

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Answered on 11/18/02, 2:35 pm


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