Exclusionary Rule Evaluation

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Running Head: Exclusionary Rule Evaluation 1 Exclusionary Rule Evaluation Paper University of Phoenix CJA 364 Abstract The following paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In this analysis, it will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. The author will state their position on the exclusionary rule and provide support for their position. The author will also include support from two peer reviewed sources. The Fourth Amendment to The Constitution of the United States reads:…show more content…
Even though the search warrant was invalid at the time of the search and seizures officers obtained evidence in “good faith” thinking they were acting on a valid search warrant. The evidence obtained under this exception is admissible. An independent source doctrine is evidence obtained in an unlawful search and seizure may later on be admissible after a valid seizure is obtained, the same evidence would be considered admissible due to this exception. The inevitable source doctrine states that evidence would have been discovered without the unlawful search and seizure, hence “inevitable”. Attenuation doctrine states when evidence is challenged and an unlawful search and seizure is too isolated and weakened it can be admissible in court. Evidence admissible for impeachment states the court can use tainted evidence or illegally obtained evidence to impeach and prevent perjury in court but not to show guilt in a trial. Qualified immunity is a rule more for defendants who believe their Miranda rights have been violated due to an unreasonable search conducted by law enforcement. The rule protects government officials against lawsuits. Finally the fruit of the poisonous tree states any evidence gathered from an illegal search may not be admissible in court and must be excluded from trial. The exclusionary rule covers many different exceptions to what deemed admissible to court with the violation of the Fourth Amendment. The two rules that can be adjusted in the
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