If you have been charged with a crime in Wisconsin, you may have heard the term “exclusionary rule” and wondered what it actually means and whether it could help your case. The exclusionary rule is one of the most powerful defenses in criminal cases, and one of the most important ways attorneys can hold police and the prosecution responsible for misbehavior.
In 2026, any good Wisconsin criminal defense attorney should look carefully at how police got evidence in any given case and whether they followed the rules. Problems with evidence can destroy a prosecution’s case and result in dropped charges or an acquittal. At Gimbel, Reilly, Guerin & Brown, LLP, we understand the exclusionary rule and use it as just one of many tools in our toolbox for giving our clients the best defense possible.
What Is the Exclusionary Rule?
The U.S. Constitution guarantees important rights to people accused of crimes. One of the most significant of these is the right to be protected from unreasonable searches and seizures. That protection comes from the Fourth Amendment, which generally prevents police from searching a person’s home, car, or belongings without a valid warrant or a legally recognized reason to act without one.