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      Chapter

      Evidence Unconstitutionally Obtained
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      Chapter

      Evidence Unconstitutionally Obtained

      DOI link for Evidence Unconstitutionally Obtained

      Evidence Unconstitutionally Obtained book

      Evidence Unconstitutionally Obtained

      DOI link for Evidence Unconstitutionally Obtained

      Evidence Unconstitutionally Obtained book

      ByJefferson L. Ingram
      BookCriminal Evidence

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      Edition 14 Edition
      First Published 2021
      Imprint Routledge
      Pages 63
      eBook ISBN 9781003092360
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      ABSTRACT

      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.

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