What action constitutes a violation of the exclusionary rule?

The exclusionary rule is a legal principle that excludes from trial evidence obtained in violation of a person's constitutional rights, specifically those protected under the Fourth Amendment, which guards against unreasonable searches and seizures.

The action that constitutes a violation involves seizing evidence without a warrant and without probable cause. When law enforcement officers obtain evidence in this manner, it undermines the constitutional protections designed to ensure that individuals are not subjected to arbitrary and invasive actions by the state. The absence of both a warrant and probable cause means that the officers did not have a legal justification for the search or seizure, rendering any evidence collected inadmissible in court due to the violation of the person's rights.

In contrast, collecting evidence with a search warrant, obtaining evidence during a legal search that is compliant with existing laws, or using evidence gathered from public records does not infringe upon the exclusionary rule, as these actions adhere to legal protocols designed to protect individual rights. These alternatives involve lawful methods of obtaining evidence that respect the guidelines set forth by the Fourth Amendment.