MBE Rules · Criminal Procedure
Exclusionary rule
The rule
Evidence obtained in violation of the 4A, 5A, or 6A is generally inadmissible in the prosecution's case-in-chief. Purpose: deter police misconduct. Exceptions: good faith (Leon), independent source, inevitable discovery, attenuation, impeachment.
In plain English
If police gather evidence by breaking certain rights, that evidence usually can't be used in court to prove guilt.
Worked example
Officer A searches a house without a warrant and finds stolen goods. The goods can't be used as evidence in the trial because the search violated the homeowner's rights.
Memory hook
Bad cops, bad evidence, no entry! Violate rights, evidence takes flight—except for good faith, discovery & impeachment breaks.
The trap
Students think: all illegally obtained evidence is inadmissible. Wrong, because exceptions exist. The actual test is if it fits exceptions like good faith or impeachment.
How examiners test it
The MBE loves: evidence found via illegal search, police acted in good faith. Trap: assuming all evidence is barred. Look for exceptions like Leon's good faith.
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