Exclusionary rule

In the United States, the **exclusionary rule** is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process 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 protects against violations of the Sixth Amendment, which guarantees the right to counsel.

Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions and/or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination.

This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy.
In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, *all* evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed).

The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors.

## Limitations of the rule

The exclusionary rule does not apply in a civil case, in a grand jury proceeding, or in a parole revocation hearing.

Even in a criminal case, the exclusionary rule does not simply bar the introduction of all evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. In *Hudson v. Michigan*, Justice Scalia wrote for the U.S. Supreme Court:

Limitations on the exclusionary rule have included the following:

* Evidence unlawfully obtained from the defendant by a private person is admissible. The exclusionary rule is designed to protect privacy rights, with the Fourth Amendment applying specifically to government officials.
* Evidence can only be suppressed if the illegal search violated the person's own (the person making the court motion) constitutional rights. The exclusionary rule does not apply to privacy rights of a third party. However, there is a narrow exception to this standing requirement, the *jus tertii* standing exception.
* The defendant cannot take advantage of the situation (police breaching rules) to turn the case to his advantage, in face of other evidence against himself. This falls under the exigent circumstances exception.
* The Silver Platter doctrine which was ruled unconstitutional in the case of *Elkins v. United States* in 1960. State officials that obtained evidence illegally were allowed to turn over evidence to federal officials, and have that evidence be admitted into trial.
* *Nix v. Williams* held that if the evidence obtained in the unlawful search would almost definitely have been found eventually even without said search (inevitable discovery), the evidence may be brought forth in court.
* If police officers acting in good faith (*bona fides*) rely upon a defective search warrant, then the evidence acquired may still be used under the good-faith exception.

The exclusionary rule is not applicable to non-U.S. nationals residing outside of U.S. borders. In *United States v. Alvarez-Machain*, the U.S. Supreme Court decided that property owned by aliens in a foreign country is admissible in court. Certain persons in the U.S. receive limited protections, such as prisoners, probationers, parolees, and persons crossing U.S. borders. Corporations, by virtue of being, also have limited rights under the Fourth Amendment (see corporate personhood).

In the case of Florida v. Jimeno it was found that the evidence found to convict Jimeno, although at first was not admissible, later was found to in fact be admissible since it passed the test of reasonable standards. The defendant consented to a search of his car, and when the officer searched a package and found drugs, it was not said to be in violation because a reasonable person would expect illegal narcotics to be kept in a package or container.