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Fruit of the poisonous tree (view source)
Revision as of 16:20, October 24, 2012
, 16:20, October 24, 2012Spelling correction, attribution of Constable quote to Judge (later Justice) Cardozo.
== Criticisms ==
== Criticisms ==
The exclusionary rule came about as a remedy for violations of suspects constitutional rights. However, some argue that it is ridiculous that a crimminal go free "because the constable blundered." While other remedies are conceivable, such as holding both the constable and the suspect accountable for their own actions and violations, in the United States, the exclusionary rule remains judicial precedent.
The exclusionary rule came about as a remedy for violations of suspects constitutional rights. However, some argue that it is ridiculous that a criminal go free "because the constable blundered." <ref> See People v. Defore , 242 N. Y. 13, 21, 150 N. E. 585, 587 (1926), Cardozo J. </ref> While other remedies are conceivable, such as holding both the constable and the suspect accountable for their own actions and violations, in the United States, the exclusionary rule remains judicial precedent.
== See also ==
== See also ==
* [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=367&invol=643 ''Mapp v. Ohio'', 367 U.S. 643 (1961)] Applied exclusionary rule to states
* [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=367&invol=643 ''Mapp v. Ohio'', 367 U.S. 643 (1961)] Applied exclusionary rule to states
* [[''Bivens v. Six Unknown Named Agents'']]
* [[''Bivens v. Six Unknown Named Agents'']]
==References==
{{reflist}}
[[Category: Law]]
[[Category: Law]]
[[Category:Legal Terms]]
[[Category:Legal Terms]]