What is the exclusionary rule and what is its effect?

California, United States of America


The following excerpt is from People v. Taylor, D065618 (Cal. App. 2015):

The 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.]' [Citation.] Thus, its ' "prime purpose" ' is to ' "effectuate" ' the Fourth Amendment's guarantee against unreasonable searches or seizures by 'deter[ring] future unlawful police conduct.' [Citation.] . . . [B]ecause the exclusionary rule is a 'remedial device,' its application is 'restricted to those situations in which its remedial purpose is effectively advanced.' " (People v. Willis (2002) 28 Cal.4th 22, 30.) Thus, the remedy of the exclusionary rule is not warranted where it would " ' "not result

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