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
- Evidence reliability does not affect admissibility under the exclusionary rule
#contradicts(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1846 - The exclusionary rule only restores the position the government would occupy without the illegality
#corroborates(1.00) - Absence of evidence counts as evidence only when a competent, resourced search was conducted
#complicates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1079