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Chapter 6
4th amendment (Protected Areas and Interest (Garbage
The…
Chapter 6
4th amendment
Exclusionary rule
Purpose- Judicial Integrity, Deterrence, Consistency
1) To deter law enforcement from performing unlawful searches
2) Prevents courts from using Fruit from the poisonous tree (protection for defendant)
Encourages police to get a warrant
3) Punishes police for obtaining inadmissible evidence
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Definition- If police unlawfully obtain evidence, we punish them by excluding the evidence in court unless the good faith exception applies
Good Faith Exception
Definition- If the police think they’ve done everything right but the warrant is found to be issued improperly (through the fault of the judge or informant), evidence is still admissible
Purposes
1) To protect/encourage good police relying on bad information
2) Protect the admissibility of evidence collected in reliance on a warrant.
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