Crimianl Justice

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Provide an example of the exclusionary rule. A right to be free from unreasonable searches and seizures is declared by the Fourth Amendment, but how one is to translate the guarantee into concrete terms is not specified. Several possible methods of enforcement have been suggested over time; however, the Supreme Court has settled, not without dissent, on only one as an effective means to make real the right. An example would be if a police officer stops a driver for speeding, and in the course of issuing the citation they discover cocaine in the glove compartment of the car. If the defendant did not consent to the search, and if the police did not have probable cause to believe illegal drugs could be found in the glove compartment,…show more content…
In a sense the term "exclusionary rule" is misleading, because there are many exclusionary rules. Some, such as the rule against hearsay, exclude evidence because it is not very reliable. Others, such as a rule prohibiting a witness from testifying if the calling party did not disclose the witness before trial, are sanctions for the failure to comply with a nonconstitutional rule. How does the exclusionary rule apply to criminal procedure within the criminal justice system? The rule applies because the evidence obtained by the government in violation of a defendant's constitutional rights can't be used against him or her. By filing a motion to suppress before the trial asking the judge to rule the evidence as inadmissible, a defendant may prevent the prosecution from using illegally obtained evidence. The exclusionary rule usually applies to suppression of physical evidence (for example, a murder weapon, stolen property, or illegal drugs) that the police seize in violation of a defendant's Fourth Amendment right not to be subjected to unreasonable search and seizure. The Exclusionary Rule has an interesting history in the United States legal system. It is a principle that is based on federal Constitutional Law that states evidence that is seized illegally by law enforcement officers in violation of a suspect’s right to be free from unreasonable searches and seizures cannot be used against that suspect in any form of criminal

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