Illegally Seized Evidence

Doc's CJ Glossary by Adam J. McKee
Course: Procedural Law

Illegally seized evidence refers to any evidence obtained by law enforcement officers or government officials in violation of an individual’s constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures.

Examples of illegally seized evidence may include evidence obtained through a search without a warrant or with an invalid warrant, evidence obtained through an unreasonable search or seizure, evidence obtained through coerced confessions or statements, or evidence obtained in violation of the Miranda warning.

In criminal cases, illegally seized evidence is generally not admissible in court, as it violates the defendant’s rights and undermines the integrity of the justice system. The exclusionary rule, a legal principle established by the U.S. Supreme Court, mandates that evidence obtained illegally cannot be used against a defendant in court.

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Last Modified: 03/06/2023


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