Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible

Relevant evidence generally admissible; irrelevant evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States or that of the State of Alabama, by statute, by these rules, or by other rules applicable in the courts of this State. Evidence which is not relevant is not admissible.

Committee Notes

Advisory Committee’s Notes Except as modified for state practice, Rule 402 is the same as the corresponding federal rule. Additionally, it follows the pattern adopted by most states. See, e.g., Colo.R.Evid. 402; Iowa R.Evid. 402 (1983); Mich.R.Evid. 402 (1978); N.C.R.Evid. 402 (1984). But see Fla.Stat.Ann.Evid.Code § 90.402 (West.Supp.1976) (omitting last sentence under the belief that it is to be implied that irrelevant evidence is to be excluded). This rule recognizes two primary concepts. The first is that relevant evidence is admissible while irrelevant evidence is not. This concept traditionally has been acknowledged as the foundation stone upon which any rational system of evidentiary admission and exclusion is based. J. Thayer, Preliminary Treatise on Evidence 264 (1898). The admission of relevant evidence, as well as the corresponding exclusion of irrelevant evidence, is a presupposition of present Alabama evidence law. See C. Gamble, McElroy’s Alabama Evidence § 21.01(1) (4th ed. 1991). The second concept recognized in Rule 402 is that not all relevant evidence is admissible. The exclusion of even relevant evidence may be required by constitutional provisions, statutes, other provisions of these Alabama Rules of Evidence, and other rules promulgated by the Alabama Supreme Court. This principle is in accord with existing Alabama law and practice. Constitutions. This rule leaves unaffected the developing case law under which certain evidence is declared inadmissible based upon constitutional considerations. Despite its relevancy, for example, evidence may be excluded if it was obtained by an unlawful search and seizure. Weeks v. United States, 232 U.S. 383 (1914). Incriminating statements of an accused are excluded when secured in violation of the constitutional right to counsel. Massiah v. United States, 377 U.S. 201 (1964). The privilege against self-incrimination is another constitutional consideration that has rendered relevant evidence inadmissible. See