Questions: Detective Johnson, without a search warrant, searches Tom's property while he is away and finds stolen goods linking him to burglaries. Which statement is correct regarding the admissibility of this evidence? Since the exclusionary rule only applies to confessions obtained without Miranda warnings, the evidence can be used. Under the exclusionary rule, the evidence obtained without a warrant cannot be used against Tom. Depending on how credible the evidence is, a judge will decide whether it is admissible. Because the evidence is credible, the prosecution can use the evidence against Tom.

Detective Johnson, without a search warrant, searches Tom's property while he is away and finds stolen goods linking him to burglaries. Which statement is correct regarding the admissibility of this evidence?
Since the exclusionary rule only applies to confessions obtained without Miranda warnings, the evidence can be used.
Under the exclusionary rule, the evidence obtained without a warrant cannot be used against Tom.
Depending on how credible the evidence is, a judge will decide whether it is admissible.
Because the evidence is credible, the prosecution can use the evidence against Tom.
Transcript text: Detective Johnson, without a search warrant, searches Tom's property while he is away and finds stolen goods linking him to burglaries. Which statement is correct regarding the admissibility of this evidence? Since the exclusionary rule only applies to confessions obtained without Miranda warnings, the evidence can be used. Under the exclusionary rule, the evidence obtained without a warrant cannot be used against Tom. Depending on how credible the evidence is, a judge will decide whether it is admissible. Because the evidence is credible, the prosecution can use the evidence against Tom.
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Solution

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The answer is: Under the exclusionary rule, the evidence obtained without a warrant cannot be used against Tom.

Explanation for each option:

  1. Since the exclusionary rule only applies to confessions obtained without Miranda warnings, the evidence can be used.
    This statement is incorrect. The exclusionary rule is a legal principle in the United States that prevents evidence collected in violation of a defendant's constitutional rights from being used in a court of law. It applies not only to confessions obtained without Miranda warnings but also to evidence obtained through unlawful searches and seizures, as protected by the Fourth Amendment.

  2. Under the exclusionary rule, the evidence obtained without a warrant cannot be used against Tom.
    This statement is correct. The exclusionary rule generally prohibits the use of evidence obtained in violation of the Fourth Amendment, which protects against unreasonable searches and seizures. Since Detective Johnson searched Tom's property without a warrant, the evidence found is likely inadmissible in court.

  3. Depending on how credible the evidence is, a judge will decide whether it is admissible.
    This statement is incorrect in the context of the exclusionary rule. The credibility of the evidence does not determine its admissibility if it was obtained in violation of constitutional rights. The key issue is whether the evidence was obtained legally.

  4. Because the evidence is credible, the prosecution can use the evidence against Tom.
    This statement is incorrect. The credibility of the evidence does not override the exclusionary rule. If the evidence was obtained through an unlawful search, it cannot be used in court, regardless of its credibility.

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