In a frequently quoted passage, Justice Clark reasoned: “Moreover, our holding that the exclusionary rule is an essential part of both the Fourth and Fourteenth Amendments is not only the logical dictate of prior cases, but it also makes very good sense. There is no war between the Constitution and common sense. Presently, a federal prosecutor may make no use of evidence illegally seized, but a State’s attorney across the street may, although he supposedly is operating under the enforceable prohibitions of the same Amendment. Thus, the State, by admitting evidence unlawfully seized, serves to encourage disobedience to the Federal Constitution which it is bound to uphold.”
Thus, the exclusionary rule, which prevents evidence collected or analyzed in violation of the defendant’s constitutional rights from being used in a court of law, applies in States and Federal courts.
Full Opinion here: Mapp v. Ohio, 367 U.S. 643 (1961), https://supreme.justia.com/cases/federal/us/367/643/#tab-opinion-1943405
Intro music by Jeff Bassing.
Anton Vialtsin, Esq.
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