Does the exclusionary rule apply in the context of physical evidence seized in violation of the Fourth Amendment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Tejada, 956 F.2d 1256 (2nd Cir. 1992):
Physical evidence seized in violation of the Fourth Amendment--unlike an involuntary confession taken in violation of the Fifth Amendment--is inherently reliable. See United States v. Schipani, 315 F.Supp. 253, 257-58 (E.D.N.Y.), aff'd, 435 F.2d 26, cert. denied, 401 U.S. 983, 91 S.Ct. 1198, 28 L.Ed.2d 334. As a result, balancing requires that we invoke the exclusionary rule only where our doing so will provide the systemic remedy of substantial deterrence.
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