ABSTRACT
The exclusionary rule states that illegally obtained evidence may not be used at a trial to convict a person of a crime. The importance of this rule lies both in the restraints it places upon the ability of police to search individuals illegally and in its protection of privacy rights. The constitutional origins of the exclusionary rule grow out of the Fourth Amendment to the US Constitution. This amendment generally requires that searches by the government of an individual's person, home, or possessions cannot occur unless there is probable cause and a warrant is issued to the police by a neutral magistrate. The exclusionary rule is shrouded by two myths or misperceptions. First, opponents of the rule suggest that many guilty individuals go free because of the exclusion of certain types of evidence. A second misconception surrounding the exclusionary rule is that illegally obtained evidence cannot be used at all.
