What is the exclusionary rule in criminal procedure?
The exclusionary rule in criminal procedure is a way of preventing illegally obtained evidence from being used in a criminal trial. This rule applies to the state of Montana and other states in the US. It is based on the right to be free from unreasonable search and seizure that is guaranteed by the Fourth Amendment to the US Constitution. When a law enforcement officer does not follow the correct legal procedure for gathering evidence, any evidence that is collected may be considered inadmissible in a criminal trial. The exclusionary rule applies in a criminal proceeding to prevent the use of evidence that has been obtained unlawfully. This means that if a law enforcement officer searches a person, their car, or their home without probable cause to believe that there is evidence of a crime present, any evidence that is obtained is inadmissible in a criminal trial. Due to the exclusionary rule, there are some cases where suspects have been released from criminal proceedings even when there was overwhelming evidence found against them. The exclusionary rule is a way to protect the rights of an individual to be free from unreasonable search and seizure. The exclusionary rule is an important component of criminal procedure that keeps the justice system fair and maintains the privacy rights of individuals.
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