the rule that evidence secured by illegal means and in bad faith cannot be introduced
in a criminal trial. The technical term is that it is "excluded" upon a motion to
suppress made by the lawyer for the accused. It is based on the constitutional requirement
that "…no [person] can be deprived of life, liberty, or property, without due process
of law" (Fifth Amendment to the Constitution, applied to the states by 14th Amendment).
A technical error in a search warrant made in good faith will not cause exclusion
of the evidence obtained under that warrant. In 1995 the U. S. Supreme Court ruled
that evidence obtained with a warrant that had been cancelled could be admitted
if the law enforcement officer believed it was still in force. However, evidence
which was uncovered as a result of obtaining other evidence illegally will be excluded,
under the "fruit of the poisonous tree doctrine. " Thus, if an illegal wire tap
reveals the location of other evidence, both the transcript of the wire tap conversation
and the evidence to which the listeners were directed will be excluded.
See also due process of law fruit of the poisonous tree motion to suppress
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