Written by attorneys · grounded in primary & secondary sources — see below
Evidence that a court will not permit a party to present to the factfinder because it violates a rule of evidence or constitutional protection.
Sources & Authorities
How it applies
Common Examples
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Expert Opinion on Inadmissible Data
Ivy Investments retained an accountant to value a disputed asset portfolio. The accountant reviewed internal memos that contained hearsay statements. At trial the memos themselves were excluded, yet the accountant testified to the portfolio value. The court allowed the opinion because the probative value of the underlying data outweighed any prejudice.
Testimonial Statement Without Cross-Examination
Prosecutors offered a recorded statement from a witness who identified Ivan Ivanov as the shooter. Ivanov had never cross-examined the witness. The court excluded the recording because the statement was testimonial and the declarant was unavailable.
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
Restatements
Dictionaries
State officers entered Ines Ibarra's apartment without a warrant and seized documents. The documents linked her to a fraud scheme. The trial court suppressed the documents because the search violated the Fourth Amendment.
Confession After Unwarned Interrogation
Police questioned Isaac Irving for hours in custody without advising him of his rights. He eventually confessed to the charged offense. The court excluded the confession at trial because the warnings had not been given.
Seizure of Enemy Property in Wartime
Federal agents seized cargo belonging to Ira Irving inside United States territory during a declared war. Irving challenged the seizure as beyond executive authority. The court held the seizure inadmissible because Congress alone holds the power to authorize such captures.
Compelled Flag Salute in Public School
A state board required students including Ingrid Innes to salute the flag each morning or face expulsion. Ingrid's family objected on free-speech grounds. The court ruled the requirement inadmissible because it forced affirmation of a belief in violation of the First Amendment.
Common questions
Frequently Asked
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When may otherwise inadmissible facts support an expert opinion?+
An expert may rely on facts that would be inadmissible if experts in the field would reasonably rely on them. The proponent may disclose the facts to the jury only when their probative value substantially outweighs prejudice.
Supporting sources
Does the Confrontation Clause bar all out-of-court statements?+
The clause bars only testimonial statements offered against a criminal defendant unless the declarant is unavailable and was previously cross-examined. Nontestimonial statements remain subject to ordinary hearsay rules.
Supporting sources
Is evidence obtained by an unconstitutional search admissible in state court?+
No. The exclusionary rule applies to the states through the Fourteenth Amendment and requires suppression of evidence seized in violation of the Fourth Amendment.
Supporting sources
May a confession obtained without Miranda warnings ever be used?+
An unwarned confession is inadmissible in the prosecution's case in chief but may be used to impeach the defendant's testimony if the statement was voluntary.
Supporting sources
384 U.S. 436 (1966)Evidence
…State, over his objection, introduced the confession against him. We held that the statements thus made were constitutionally inadmissible. We start here, as we did in Escobedo , with the premise that our holding is not an innovation in our jurisprudence, but is an application of principles long recognized and applied in…