Exclusionary Rule - Law Dictionary Search Results

Home Dictionary Name: exclusionary rule

res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...

attenuation

attenuation : a lessening of the amount, force, or magnitude of something ;specif : a weakening of the connection between an illegal police procedure and the evidence obtained by it such that the evidence is admissible at trial as an exception to the exclusionary rule ...

fruit of the poisonous tree

fruit of the poisonous tree 1 : a doctrine of evidence: evidence that is derived from or gathered during an illegal action (as an unlawful search) cannot be admitted into court 2 : evidence that is inadmissible under an evidentiary exclusionary rule because it was derived from or gathered during an illegal action see also Wong Sun v. U.S. in the Important Cases section compare independent source, inevitable discovery, plain view ...

good faith exception

good faith exception : an exception to the exclusionary rule: evidence obtained by the use of a warrant later found to be unsupported by probable cause is admissible if the investigating officers acted in reasonable reliance that the warrant was valid see also Mapp v. Ohio in the Important Cases section ...

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