ASIS International (ASIS) Professional Certified Investigator Practice Exam

The exclusionary rule prohibits what type of evidence from being used in court?

1. Confessions obtained under duress

2. Evidence gained through illegal means

3. Testimony that is inconsistent

4. Witness statements under pressure

The correct answer is: Evidence gained through illegal means

The exclusionary rule is a legal principle that prevents evidence obtained in violation of a person's constitutional rights from being used in court. This is particularly relevant in the context of the Fourth Amendment, which protects against unreasonable searches and seizures. When evidence is acquired through illegal means—such as without a proper warrant or probable cause—it is deemed inadmissible to ensure that law enforcement adheres to legal standards and protects individual rights. In this context, evidence gained through illegal means would include any information or materials collected in violation of established legal procedures, thereby upholding the integrity of the judicial process. This means that if police obtain evidence through illegal searches or coercion, that evidence cannot be presented in a court of law, ensuring a fair trial. The other choices refer to various forms of evidence that, while they may raise concerns about their validity, do not fall under the specific prohibition of the exclusionary rule in the same way. For instance, confessions obtained under duress might be challenged on grounds of voluntariness but are not automatically excluded under the exclusionary rule. Similarly, inconsistent testimony or witness statements given under pressure relate more to the credibility of the evidence rather than its admissibility based on procedural violations.