Evidence Unconstitutionally Obtained
DOI link for Evidence Unconstitutionally Obtained
Evidence Unconstitutionally Obtained book
Evidence that has been obtained by virtue of a violation of the United States Constitution is generally excluded from admission at criminal trials as a way of placing the accused individual and the government in the same position that they would have occupied had the violation not occurred. This chapter considers the exclusion of evidence based on violations of the Fourth Amendment search and seizure protections, including illegal wiretapping and other improper surveillance. Violations of Miranda warnings, the Self-Incrimination Clause of the Fifth Amendment, and the right to counsel may produce evidence that courts will exclude from use at trial.