6 (6 Points) Explain The Exclusionary Rule

I don’t think that I would be willing to overturn the Mapp v. Ohio if I was appointed to be in the Supreme Court by the president. Mapp v. Ohio was a Supreme Court Case that was a critical moment in our nation's history. It changed our the Criminal Justice System, and provided us the exclusionary rule, which changed the way a criminal going through prosecution is performed. One of many important rulings that was adopted by the courts that prevented police officers from conducting illegal search and seizure was the exclusionary rule. Until this decision, the rights against illegal search and seizure had no method to be enforced on officers. Before Mapp v. Ohio, previous cases provided little or no protection from illegal searches and seizures

Police officers use search and seizure as a tool to ensure their safety, gather evidence, and arrest suspects. In police training, a search is defined as an examination of a hidden place, i.e. a person or their property, whose purpose is to find contraband (DOCJT, 2014, p. 10). A seizure is defined as the capture or arrest of a person or the confiscation of property (DOCJT, 2014, p. 10). Depending on the individual situation, a warrant may or may not be required to conduct searches and seizures. The exclusionary rule, which states that illegally seized evidence is inadmissible in court, has guided the definition of search and seizure, specifically as it pertains

The Exclusionary rule, as defined in our Criminal Justice Book: 7e, is the principle that illegally obtained evidence must be excluded from trial. If any evidence, that falls within the field of the exclusionary rule, is found that would otherwise not have been found by law enforcements, the rule applies to linked evidence found and all the evidence after. This after evidence is often referred as “fruit of the poisonous tree.” The exclusionary rule is also looked at in a way to block law enforcement officers from handling searches and/or seizures, a violation of the fourth amendment, possibly aiding to defendants whose rights have been violated.

If the trial judge did not exclude the evidence from the trial, then the Supreme Court must overturn the conviction. In some cases, the accused will be retried without the use of the illegally obtained evidence. In other cases, there will not be a retrial because the illegally obtained evidence was the basis of the prosecution's case. The story of the birth and evolution of the exclusionary rule is complex and demonstrates the unique problems the Supreme Court has had to face when interpreting the Fourth Amendment."

The U.S Supreme Court adopted the exclusionary rule to prevent the use of inappropriate behavior and violations of an individual’s rights by government officials through the use of the exclusionary rule. The exclusionary rule protects the rights of the people under the Fourth, Fifth, and Sixth Amendments, and requires evidence obtained directly or indirectly as a result of government violations cannot be used as proof of guilt in a court of law [1]

There has been an argument among legal experts that the provisions of the exclusionary rule are merely to deter the misconduct of the law enforcement personnel. In light of this, most courts do not adhere to the provisions of the exclusionary rule as it is viewed as an extension of the Fourth Amendment. Ideally, Police officers deem the law as an obstacle on their endeavors to

The Exclusionary rule requires that any evidence taken into custody be obtained by police using methods that violates an individual constitutional rights must be excluded from use in a criminal prosecution against that individual. This rule is judicially imposed and arose relatively recently in the development of the U.S. legal system. Under the common law, the seizure of evidence by illegal means did not affect its admission in court. Any evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness. The exclusionary rule was developed in 1914 and applied to the case of Weeks v. United States, 232 U.S. 383, and was limited to a prohibition on the use

This paper is strictly focused and based on the true events, Supreme Court cases that led to the exclusionary rule.

The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional rights be excluded

which stated that when the accused is being tried in a state court, he or she does not have the protection of the exclusionary rule, which protects against illegal search

In order for the rights listed in the Constitution to have substance, there must be enforceable remedies imposed on the government for violations of those rights. In 1914, the U.S. Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegal government conduct by admitting into evidence the fruits of

The term Exclusionary Rule is a legal designation utilized within the criminal justice system put into effect by U.S. Supreme Court precedent that incriminating information or evidence must be taken in accordance with the Constitutional standings of due process. The Exclusionary Rule is specifically

The proposition that the exclusionary rule should be abolished is preposterous. There are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm than good, and that American society suffers needlessly for the sake of protecting the rights of those who violate its laws. Opponents of the exclusionary rule perceive its gains to be dubious; its costs overwhelming. This perception is a flawed overestimation of the results of the rule’s principles. The principle in this case is that the exclusionary rule serves to protect the rights of the accused, and is specifically designed to create an incentive for police

You’re right! The exclusionary rule is very important especially in ensuring that the police officers abide by the fourth amendment and conduct legal searches and seizures. The problem is sometimes police officers make bad judgments and try to patch it up by performing illegal actions. In addition, unlawful searches and seizures may lead to death. The Chief Justice makes a good point, because gathering evidence to prove the crime should be the prime goal. I also believe that police misconduct is over exaggerated now days, but I can admit that it still occurs today.

To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be admissible to ensure that a defendant’s right are not violated. One of the most important rules that help protect against illegal evidence being admitted into evidence is the Exclusionary rule. This rule helps to ensure that evidence which is admissible into criminal prosecutions are not only relevant and reliable, but have not violated the fourth or fifth amendment due to misconduct. Specifically, the exclusionary rule forbids evidence obtained by violating a defendant’s constitutional rights to be introduced by the prosecution for the purpose of proving direct guilt Gardner & Anderson, 2013, pg. 218-219).Police misconduct often leads to evidence that can either be obtained legally through the use of illegal evidence, evidence that is illegally obtained through violations of other rules, regulations, a defendants rights, or evidence that is obtained illegally but falls under one of the exclusionary rule exceptions such as the plain view doctrine (Gardner & Anderson, 2013, pg. 219-221).