Exclusionary Rule

Because of this case, Exclusionary rule was created. Exclusionary rule states that any evidence obtained through a violation of the Fourth Amendment, cannot be used in the court of law. The evidence becomes inadmissible and cannot be used against the defendant. The fourth amendment has two separate sections. One being the search, the other being the seizure. In order to get the right to search, the officers need to go to a court and get a warrant signed by the judge. Once that judge signs the warrant, the officers can go over to the defendant’s home or work and search for the evidence they think is necessary to put them in jail. When it comes to the seizure part, the officers take said items they were searching for and mark it as evidence. This evidence is booked and can later be used in the trial against the defendant.

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

The exclusionary rule is "a rule that disallows the use of illegally obtained evidence in criminal trials" (Exclusionary Rule). Security officers, in general, usually have the same authority as a citizen. The exclusionary rule generally does not apply to private security unless it is abusive or becomes an invasion of privacy (Chapter 7: Security and the Law). Facilities that hire private security personnel should always have clear policies on what is and what is not allowed, such as for search and seizure. In cases of force, training and adequate documentation of that training is required.

The exclusionary rule is an important doctrine supporting the ideals of the Fourth Amendment of the United States Constitution. The Fourth Amendment provides people under the jurisdiction of the American criminal justice system protections from unreasonable searches and seizures. The amendment also delineates the methods members of the criminal justice system may obtain information via judicially sanctioned search warrants based on probable cause. The exclusionary rule exempts some evidence even when the seizure or location of the evidence may violate the Fourth Amendment. The rule also provides some benefits and

Arguments are powerful in the United State on the pros and cons of the exclusionary rule. The exclusionary rule is a tool that is used to defend the Fourth Amendment. Is an individual most powerful tool. The exclusionary rule helps ensure the unnecessary search and seizure. Another pros will be shifts the burden of proof away from the individual. There’s a term used that it is powerful when it comes to the exclusionary rule will be “innocent until proven guilty”. They are guilty when you are being

We are further protected by the “exclusionary rule,” which throws out any evidence that was collected under violation of the Fourth Amendment. This rule highly discourages authorities from going outside of their means to collect evidence. The downside to this rule is that it tends to let guilty defendants go free if their evidence was found in ways that violated the Fourth

With the exclusionary rule in effect in all fifty states, a person who is convicted of a crime has the possibility of getting off because of police tampering with evidence or obtaining pertinent evidence without a warrant. This alone allows criminals to walk because of lack of evidence that is admissible to the court room (Standen 1). The exclusionary rule also makes the prosecutions job harder in the case that if an officer has tampered with evidence that was pertinent to her case or has obtained evidence in the case illegally without a warrant. This makes her job harder since the evidence that was found illegally is not admissible to the jury which makes it harder to convict without enough evidence against the defendant (Standen 9).

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 purpose of the exclusionary rule is not to redress the injury to the privacy of the search victim . . . . Instead, the rule's prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures” (Estreicher & Weick, 2010, p. 4). They are saying is that the need for the rule is to deter illegal techniques that police use to obtain evidence, not to simply give more rights to the defendant. As Estreicher and Weick pointed out, “all of the cases since Wolf requiring the exclusion of illegal evidence have been base on the necessity for an effective deterrent to illegal police action” (Estreicher & Weick, 2010, p. 4). So instead of looking at the exclusionary rule as the end-all-right that citizens are

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]

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).

There has always been the thought that police can abuse their power especially when it comes to collection of evidence that could incriminate someone for something that was illegally obtained. The exclusionary rule was put in place to counteract evidence that may have ben illegally obtained to be inadmissible in a court of law with few exceptions to the rule.

What is police misconduct? It can be defined as any action performed by a law enforcement officer that is unethical by established employment guidelines, unconstitutional, or a crime with in itself. When people hear the term “police misconduct” they automatically think of a police officer using unnecessary force against a civilian. While that is a form of police misconduct it is not only form. Throughout this paper I will bring light to the many types of police misconduct that can happen in the law enforcement industry.

What they do or fail to do can affect seriously the span of the damage to life, property, and community spirit. Police officers are required to take an oath when they first join their department. The police oath is a code of ethics. The Law Enforcement Code of Ethics establishes the basic responsibility of a police officer is and I quote: “As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession…law enforcement.” These are the expectations of the citizens, and when they are abused it threatens the faith of all. The most recent case raising unethical questions may be the shooting of Michael Brown in Ferguson, an unarmed black male shot down by police officers. Another reason might be the rise in reports of suspicious deaths of inmates in custody making headlines across the country. These type of situations bring up difficult questions regarding the limits of police authority, are there some inequalities in the way that law enforcement officers treat certain racial, socioeconomic, or cultural groups? Are the factors, such as whether a citizen is ethnic or white, poor or Middle class, making a difference in the type of treatment one is likely to receive from the