Question

What rule states that courts will exclude any evidence that is obtained in violation of the fourth amendment's provisions against unreasonable searches and seizures, no matter how pertinent it is to the case at hand?

a. fourteenth amendment.
b. illegal search warrant rule.
c. terry v. ohio.
d. exclusionary rule?

Answer 1

The rule which excludes such evidence is D, the exclusionary rule. The strong version of the exclusionary rule is known as the 'fruit of the poison tree' doctrine and it holds that any evidence which resulted from an initial rights violation was excluded. For example, if police conducted an illegal search and found drugs in a car, then used the drugs as probable cause for the search of a home, then the drugs found in the home would, as fruit of the poison tree so to speak, also be excluded.