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The exclusionary rule is enforced by a suppression hearing that is conducted outside the jury's presence where the judge decides whether the evidence is admissible. The defendant has the right to testify and this testimony may not be used against him at trial on the issue of guilt. The government has the burden of proof by a preponderance of the evidence.


The right of the court to deal with papers and documents in the possession of the district attorney and other officers of the court, and subject to its authority, was recognized in Wise v. Henkel, 220 U. S. 556. That papers wrongfully seized should be turned over to the accused has been frequently recognized in the early, as well as later, decisions of the courts. 1 Bishop on Criminal Procedure § 210; Rex v. Barnett, 3 C. & P. 600; Rex v. Kinsey, 7 C. & P. 447; United States v. Mills, 185 Fed. 318; United States v. McHie, 194 Fed. 894, 898. 


In Weeks v. United States, 232 U. S. 383 (1914), the Supreme Court adopted the federal exclusionary rule for evidence that was unlawfully seized from a home without a ...

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