Does the exclusionary rule in the context of evidence obtained in violation of the Fourth Amendment apply?
California, United States of America
The following excerpt is from People v. Colin, H037593 (Cal. App. 2013):
The "Fourth Amendment contains no provision expressly precluding the use of evidence obtained in violation of its commands." (Arizona v. Evans (1995) 514 U.S. 1, 10 (Evans).) However, "[t]he exclusionary rule operates as a judicially created remedy designed to safeguard against future violations of Fourth Amendment rights through the rule's general deterrent effect. [Citations.]" (Id. at pp. 10-11.)
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