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What is "The Exclusionary Rule"?
The exclusionary rule is a remedy created by our justice system which results in the suppression from the State's case evidence which has been derived from an illegal search or seizure under the Fourth Amendment to the United States Constitution.
The rule is designed to deter unlawful police conduct. This assures that each citizen has the right to be free from unreasonable invasions of privacy. It is also designed, to a lesser extent, to protect the integrity of the judicial process from the effects of unlawful government conduct.
Do I ever have to give my consent for a search of my home or my automobile?
You never are required to consent to a search by the police. Although you may sometimes be threatened by the thought of being detained by the police until a search warrant is procured, you have the absolute right not to give consent. This does not mean that you can physically stop the police from effectuating an otherwise lawful search, such as with a search warrant, or where they have probable cause to search and exigent circumstances exits, or where the search is incident to a valid arrest.
Do the police have to advise me that I have the right to refuse to consent to a search?
Under Federal Law, no. But under the case laws of the State of New Jersey, the police are required to advise you that you have the right to refuse to give consent to search. The failure to advise you of such a right, and a subsequent consent, could be held to be an unlawful search and seizure in New Jersey.
What happens if I confessed to a crime or offense after an illegal search and seizure?
Under Wong Sun v. United States, the "fruits of the poisonous tree" are excludable. This means that any evidence obtained (even a confession) which results from the unlawful search and seizure of evidence (or an unlawful detention of a suspect) can be suppressed at trial.
If the police knock on my door and ask to come in, do I have to let them in?
Again, only if they have a warrant. If they don't have a warrant, you have the right to say "No", and close the door. In fact, you are not required to even answer the door when they knock.
What is meant by "probable cause"?
The probable cause rule requires that the police not make an arrest or search unless the information they possess indicates that it is more probable than not that a particular person has committed a crime or that particularly described evidence will be found in the place sought to be searched. |
