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9 December, 13:41

The exclusionary rule is used as part of which protection afforded to the accused by the us constitution?

a. 2nd amendment

b. 1st. amendment

c. 4th amendment

d. 8th amendment

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  1. 9 December, 15:11
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    The correct answer is C. The exclusionary rule is used as part of the 4th Amendment to the Constitution.

    Explanation:

    The exclusionary rule refuses to accept evidence taken unconstitutionally by police officers. This rule was designed to remedy and discourage, in criminal proceedings, both the prosecutor and the police who illegally obtain evidence in violation of the Fourth and Fifth Amendments, which provide protection against unreasonable inquiries and apprehensions and self-incrimination.

    In the United States, the Supreme Court first used this rule in the Weeks v. United States. In this case, the police searched Weeks' room and confiscated his paper and belongings to incriminate him in a criminal court. The search was carried out in the absence of a warrant or other legal justification, as a result the search was considered unconstitutional and the Supreme Court ruled that the evidence seized could not be accepted in court. This case has established exceptions at the federal level in the United States.
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