What is required for evidence obtained under the "good faith exception" to be admissible?

Prepare for the TCOLE Arrest, Search and Seizure Test. Access flashcards and multiple choice questions with instant feedback. Enhance your chances of success on the exam!

The "good faith exception" allows evidence that may technically violate the Fourth Amendment's protection against unreasonable searches and seizures to be considered admissible in court, provided that law enforcement officers had a reasonable belief that their actions were lawful at the time of the search or seizure. This principle is grounded in the idea that the exclusionary rule, which generally prevents the use of unlawfully obtained evidence, should not apply when officers act on a reasonable, albeit mistaken, belief that their conduct is legal.

For evidence to come in under this exception, it is essential that the officers can demonstrate their good faith in conducting the search or seizure. This belief must be objectively reasonable, further reinforcing the premise that the legal system values the intent and rationale of law enforcement officers operating under challenging circumstances. Hence, the requirement for the officers to have acted under the belief that they were following the law is critical for the evidence to be deemed admissible under the good faith exception.

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