What is the exclusionary rule of the Fourth Amendment?

The exclusionary rule of the Fourth Amendment is an important part of criminal procedure in West Virginia. The Fourth Amendment protects citizens from unlawful search and seizure of property without a warrant. The exclusionary rule requires law enforcement to abide by the Fourth Amendment and prevents authorities from using any evidence obtained in an illegal search and seizure. Under the exclusionary rule, police are prohibited from searching or seizing any property without either a warrant or probable cause. In West Virginia, a search warrant must be legally issued by a judge and must include details of the belongings that are to be searched and seized. Evidence gathered by law enforcement in a warrantless search is inadmissible in court and cannot be used against a defendant. Generally, if the court finds that law enforcement conducted an unlawful search or seizure, the evidence collected will be thrown out and excluded from the case. This ensures that citizens are protected against violations of their constitutional rights and that police are held accountable for their actions. The exclusionary rule of the Fourth Amendment is an important part of criminal procedure in West Virginia and is used to protect citizens’ rights.

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What is the exclusionary rule of the Fourth Amendment?

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