Fifth Amendment : The Exclusionary Rule

[allan]

My questions here are, does the altered C&P's/IMOS's the VA uses to deny a claim with, fall under evidence obtained illegally under the fifth admendment?

And would Dr shopping for the right IMO by the DVA, after you've already submitted an IMO thats ratable, also fall under illegally obtained evidence?

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THE EXCLUSIONARY RULE

The Exclusionary Rule is unique to the Criminal Justice System of the United States. It is often blamed for giving criminals more rights than the victim has, but many claim without the Exclusionary Rule the rights of all citizens are at risk. The Exclusionary Rule is a series of court decisions made by the U.S. Supreme Court that states that any evidence obtained illegally cannot be used in a court of law. According to the Fifth Amendment and the Fourteenth Amendment of the U.S. Constitution every citizen of the United States is granted the right of Due Process, which means a fair hearing. The Exclusionary Rule expands these rights of fairness to include the processing of criminal offenders prior to appearing in court.

http://www.guilford.edu/pages/modules/1000...ionaryRule.html

[knifestuff]

altered evidence does not equal illegally obtained evidence. altered evidence is still not allowed under the Federal Rules of Evidence. Federal Rules of Evidence do apply to the VA--that was a case about that last year. Due process requires the use of legitimate evidence only in proceedings. (BTW there are a few exceptions to the Exclusionary Rule that can stil provide for use of otherwise inadmissible evidence). Don't get wrapped up about the exclusionary rule; its due process that matters.