Criminal Law In Bergen County: The Exclusionary Rule and The Impeachment Exception

CRIMINAL LAW IN BERGEN COUNTY:

THE EXCLUSIONARY RULE AND THE IMPEACHMENT EXCEPTION

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For quite some time now, the law has suppressed evidence obtained in violations of certain principles involving the right to be free of unreasonable searches and seizures, the right to counsel, the right to remain silent and the rights provided under the landmark decision of Miranda v. Arizona.

The so-called Exclusionary Rule is not absolute, however, one of its noted exceptions relates to the government's ability to impeach the credibility of a defendant with evidence previously suppressed. Thus, if a defendant provides a statement admitting he is guilty to a crime, that statement can be used to attack his credibility, if he takes the witness stand and denies he is guilty, even though the statement has been suppressed because the defendant did not receive his Miranda Warning.

The philosophical basis for this exception is that the Exclusionary Rule can not and should not provide a defendant with the license to prostitute the truth.