The Exclusionary Rule
- If an unlawful search or seizure occur, what use can me made of the evidence that is found?
- If that "tainted evidence" can be used in court, then the 4th Amendment offers no real protection to a person accused of crime.
- The rule is this: Evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized.
- The exclusionary rule was intended to put teeth into the 4th Amendment, and it has.
- The rule says to police: As you enforce the law, obey the law.
- The court has also given police room for "honest mistakes".
- Federal drug testing programs involve searches of people which are covered by the 4th Amendment.