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Exclusionary Rule And The Rule Of Law

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Exclusionary Rule
Many constitutions all over the world provide basis for innocence until proven guilty. As such, the courts of law must always factor in the provisions of criminal procedure and natural justice when cross-examining offenders. In light of this, the exclusionary rule allows a defendant to argue his case if his privacy rights were violated before arraigned in court. In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIA from gathering evidence from an individual in a manner that disrespects the United States constitution. Therefore, the exclusionary law protects an individual against unreasonable search or seizure in line with the provisions of the Fourth…show more content…
In addition, the freedom to information by government authorities must not exceedingly surpass the rights and privileges that citizens enjoy (Re and Richard, pg. 1887).
What is more, the exclusionary rule provides that the extra evidence obtained because of unreasonable search or seizure will not be used in a court of law, as it will be considered “fruit of the poisonous tree.” In essence, the exclusionary rule excludes any evidence collected out of unlawful searches. For instance, the Federal Bureau of Investigation (FBI) may infringe on one his right to privacy by obtaining information from the individual his computer, as this will amount to unreasonable search and disrespect to the individual his privacy rights. As such, it is unreasonable for the government agencies such as the Department of Justice to obtain information from Google, Yahoo, Facebook, or any other online service provide, as this may be presumed by a court of law as unlawful and unreasonable search that amounts to infringement on one’s privacy rights (O 'Brien and Michael, pg. 1889).
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
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