EK 3.8.A.4

Procedural due process also protects the rights of the accused during a trial. The Bill of Rights guarantees the right to an attorney and protection from unreasonable searches and seizures. The exclusionary rule, as decided by the Supreme Court, stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment rights (including the right to be free from unreasonable searches and seizures) cannot be used against that suspect in criminal prosecution.