Exclusionary Rule

This rule commands that where evidence has been obtained in violation of the search and seizure protections guaranteed by the U.S. Constitution, the illegally obtained evidence cannot be used at the trial of the defendant. Under this rule evidence which is obtained by an unreasonable search and seizure is excluded from admissibility under the Fourth Amendment, and this rule has been held to be applicable to the States. Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081.

"Good faith exception" to exclusionary rule provides that evidence is not to be suppressed under such rule where that evidence was discovered by officers acting in good faith and in reasonable, though mistaken, belief that they were authorized to take those actions. United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677.

This exception recognizes that officers who have acted with objective good faith have right to rely upon issuing magistrate's determination that substantial basis existed for finding probable cause. State v. Murphy, Mo.App., 693 S.W.2d 255, 266.

See also counsel, right to

- Escobedo Rule

- fruit of poisonous tree doctrine

- good faith exception to exclusionary rule

- illegally obtained evidence

- independent source rule

- inevitable discovery rule

- Miranda Rule

- motion to suppress

- suppression hearing

- suppression of evidence