Final answer:
A motion to exclude evidence under Section 1983 can be made before or during a trial. The exclusionary rule prevents evidence obtained from illegal search or seizure from being used in court. Timing for such a motion varies by court.
Step-by-step explanation:
A motion to exclude evidence under Section 1983, which deals with civil action for deprivation of rights, can be made at various stages of a trial. However, the specifics of when such a motion can be made may vary based on the rules of the particular court.
Generally, a motion to suppress evidence, which is often what a motion to exclude under Section 1983 becomes in criminal cases, can be made before the trial during pretrial hearings or at the trial itself before the evidence is presented to the jury. In cases of illegal search or seizure, the exclusionary rule may apply.
The exclusionary rule, which was established on a federal level in the 1914 case Weeks v. United States and applied to state criminal trials after the 1961 Supreme Court case Mapp v. Ohio, prohibits the use of evidence obtained through violations of the Fourth Amendment.
Evidence found or developed as a result of an illegal search or seizure cannot be used in court. This rule is pivotal in upholding constitutional rights during criminal proceedings.