What is the test for exclusionary rule in the context of search and seizure?

California, United States of America


The following excerpt is from People v. Benitez, D066655 (Cal. App. 2015):

"The Fourth Amendment protects the 'right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.' " (United States v. Jones (2012) 132 S.Ct. 945, 946.) Generally, when evidence has been obtained in violation of a defendant's Fourth Amendment rights, the exclusionary rule precludes a prosecutor in a criminal proceeding from using that evidence against the defendant. (Illinois v. Krull (1987) 480 U.S. 340, 347.)

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