Which of the following actions is most likely to lead to the exclusion of evidence?

Prepare for the CLEET Basic Peace Officer Certification. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The action that is most likely to lead to the exclusion of evidence is obtaining evidence through coercion. This is because the legal system heavily emphasizes the protection of individuals' rights, and any evidence gathered through coercive methods can be deemed inadmissible in court. Coercive actions may include threats, intimidation, or other forms of pressure that violate the individual's rights under the Constitution, particularly the Fourth and Fifth Amendments.

When evidence is obtained through coercive means, it can lead to substantial violations of procedural due process. Courts aim to deter law enforcement from employing such unethical and unconstitutional tactics, which in turn safeguards the integrity of the judicial process. This principle is rooted in legal precedents that emphasize the necessity for evidence to be collected in a manner that respects the rights and freedoms guaranteed to individuals.

In contrast, collecting evidence outside of business hours, documenting evidence thoroughly, and conducting searches in public spaces do not inherently violate legal standards or rights and therefore are less likely to result in the exclusion of evidence. Each of these actions can be performed in compliance with the law and procedural guidelines.

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