Question

in which scenarios would evidence likely be subject to the exclusionary rule?

correct answer(s)

if police obtain a warrant before searching a house for weapons
if police used drug dogs on the front porches of houses
if police entered your house without a warrant or probable cause
if police search a car for alcohol after noticing an intoxicated driver

incorrect answer(s)

Explanation:

Define the exclusionary rule

The exclusionary rule prevents evidence collected in violation of the Fourth Amendment (unreasonable searches and seizures) from being used in a criminal trial.

Evaluate the scenarios

• if police obtain a warrant before searching a house for weapons: This is a lawful search; evidence is admissible.
• if police entered your house without a warrant or probable cause: This violates the Fourth Amendment; evidence is subject to the exclusionary rule.
• if police used drug dogs on the front porches of houses: Under Florida v. Jardines, using a drug-sniffing dog on the curtilage (porch) of a home without a warrant is an unconstitutional search; evidence is subject to the exclusionary rule.
• if police search a car for alcohol after noticing an intoxicated driver: This falls under the automobile exception and probable cause; the search is lawful, so evidence is admissible.

Answer:

• if police obtain a warrant before searching a house for weapons
• if police entered your house without a warrant or probable cause (Correct answer)
• if police used drug dogs on the front porches of houses (Correct answer)
• if police search a car for alcohol after noticing an intoxicated driver