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The exceptions to the exclusionary rule: Impeachment exceptions. Post-conviction federal habeas corpus. Private party search exception. Civil proceedings exception. Police good faith exception. Grand jury exception. Agency rule exception.
Impeachment exception: Illegally seized evidence may be used to impeach the defendant's credibility if he testifies in his own behalf at trial. A voluntary confession may be used even without Miranda warnings. An involuntary confession may never be used. Immunized testimony may not be used. All physical evidence may be used to impeach.
Exception to federal habeas corpus proceedings: If the state provided the defendant with an opportunity for a full and fair hearing of any unreasonable search and seizure issue, the defendant may not challenge the state conviction in a later federal habeas corpus proceeding on the ground that the evidence used against him was the product of an illegal search.
Private Party: Courts will not exclude evidence illegally obtained by a private party acting independently of police direction. A police request, a police urging, or encouraging of a private party to engage in an illegal search will invoke the protection of the exclusionary rule. The exclusionary rule does not bar the use of ...
