How the Good Faith Exception Applies to the Exclusionary Rule

Today Berry Law Firm attorney, John S. Berry argued 4th Amendment issues in front of the Nebraska Supreme Court. The 4th Amendment protects citizens from unlawful searches and seizures. Today’s argument focused on the “good faith” exception to the exclusionary rule.

The exclusionary rule states that when police unlawfully seize evidence it cannot be used against the accused at trial.

The good faith exception allows evidence unlawfully obtained by police into court if the police officer acted in good faith when he violated the rights of the accused.

Who cares? These cases are important because the exclusionary rule deters police from conducting illegal seizures and searches. Without the exclusionary rule, an investigating police officer could conduct a warrantless search of a house in violation of a citizen’s rights without any effect on a criminal trial. The exclusionary rule forces law enforcement to respect our 4th Amendment rights.

The good faith exception is the vehicle courts use to allow illegally seized evidence against the accused to be used at trial.

The attorneys at Berry Law Firm vigorously defend the United States Constitution and champion the rights it affords our citizens.

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