The exclusionary rule only operates when illegal searches actually produce evidence.

Evidence

If police illegally ransack a person’s house and find evidence of criminality, that evidence is excluded at trial. But if they discover no evidence of crime, thereasnovevidence’to exclude and™ . — G. Alan Tarr, Judicial Process and Judicial…, 1854

Categorization

  • QUESTION: The excerpt is truncated by OCR garble at the end; verify the full sentence against the print edition before relying on it.
  • XREF: connects to: Evidence reliability does not affect admissibility under the exclusionary rule — G. Alan Tarr, Judicial Process and Judicial…, 1846; Absence of evidence counts as evidence only when a competent, resourced search was conducted — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1079; The exclusionary rule only restores the position the government would occupy without the illegality

Broader Connections