LAW 605 Lecture Notes - Lecture 2: Exclusionary Rule, Clean Hands
23 Dec 2019
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Freestanding right: 2) warrant part, and no warrants shall issue, but upon probable cause, supported by. Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. A can get the notepad excluded as evidence bc a"s rights were violated (police entered his house). Police can use the evidence against d bc d doesn"t have constitutional right to privacy in a"s house: must be at a criminal trial. Illegal evidence can be presented to grand jury. Illegal evidence can be used at a preliminary hearing. Illegal evidence can be used in a civil trial. Illegal evidence can be used in post-conviction (habeas) proceedings: must be used to prove d"s guilt. Illegal evidence can be used to impeach d at trial (bc that"s about credibility, not guilt) so d won"t take stand at trial: note: exclusionary rule only applies when, 1) police find evidence from illegal search or seizure.
