Home > West's Encyclopedia of American Law > Exclusionary Rule

The principle based on federal CONSTITUTIONAL LAW that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable SEARCHES AND SEIZURES cannot be used against the suspect in a criminal prosecution.

The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's FOURTH AMENDMENT rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.

The exclusionary rule is a court-made rule. This means that it was created not in statutes passed by legislative bodies but rather by the U.S. Supreme Court....