What is the exclusionary rule in criminal procedure?
The exclusionary rule is a legal principle that keeps illegally obtained evidence from being used in criminal proceedings. This rule is based on the Fourth Amendment of the United States Constitution, which protects individuals from unreasonable searches and seizures. In South Carolina, the exclusionary rule is based on Article 1, Section 10 of the South Carolina Constitution. This section states that no person shall be deprived of life, liberty, or property without due process. It also states that no person shall be subjected to unreasonable searches and seizures. This means that if law enforcement officers search or seize someone without a valid warrant or without probable cause, any evidence obtained from the search or seizure is excluded from being used against the individual in court. In criminal proceedings, the exclusionary rule prohibits the admission of any illegally obtained evidence. This means the judge, jury, and prosecutor cannot use the illegally obtained evidence as proof against the defendant. The defendant’s lawyer may file a motion to suppress the evidence, and if the court rules in favor of the defendant, the illegally obtained evidence will not be allowed to be used in the trial. This prevents law enforcement officers from violating an individual’s Fourth Amendment rights and keeps the criminal justice system fair.
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