Research Paper On Exclusionary Rule

The reason why the exclusionary rule exist was to eliminate evidence obtained in violation of a criminal defendant's Fourth Amendment rights. Basically stating that evidence would be admissible in court if a police officer found it in the crime scene under the correct procedures. The purpose of the Fourth Amendment is to protects people against unreasonable search and seizures by the police force. The exclusionary rule is a court made rule and not in any of the statutes. The legislative bodies did not created it, but rather by the United States Supreme Court. The Exclusionary Rule also affects in federal courts with the advantage of the Fourth Amendment. Police misconduct plays a key role in the exclusionary rule and if there wasn’t misconduct within our police department, the rule would not exist today. It is the responsibility of law enforcement agencies to obtain a warrant, not the responsibility of the citizen. With the exclusionary rule in effect in all fifty states of the United States, a citizen who is convicted of a crime has the possibility of won’t be convicted because of obtaining evidence without a warrant or police tampering with evidence. Going through the procedures of having probable cause or obtaining warrants to search an individual or place is the government's responsibility. The exclusionary rule is used to give individuals

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

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.

As a result of Weeks v. United States, 1914, the court embraced the exclusionary rule. The exclusionary rule says that evidence gained as a result of an illegal

Under the Fourth Amendment, the police cannot just force their way into someone’s home without probable cause. Even with probable cause, the police need to have the consent of the owner or a warrant that says they can search the premises, and that anything they find can be “used against you in a court of law” (Miller, 2016). The Fourth Amendment is one of the most important amendments to the criminal justice system. The Fourth protects citizens from the police obtaining things that could lead citizens to be convicted for something that the police did not have permission to obtain in the first place. The exclusionary rule was put in place by Mapp v. Ohio and Weeks v. United States.

According to Encyclopedia Britannica the exclusionary rule, in American law, states that any evidence seized unlawfully by the police is in violation of the Fourth Amendment (The Editors of The Encyclopedia Britannica). The exclusionary rule was created to exclude any evidence obtained during an illegal search to be used in federal and state courts. The principal behind it is to protect the constitutional rights under the Fourth and Fifth Amendment that may be threatened by police misconduct. Also to secure

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

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 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

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).

Joe, great job in describing the Mapp v. Ohio case where the exclusionary rule came into play. If you have been in law enforcement long enough and have made cases, particularly involving drugs and DUI’s, the chances that one of your cases involving the exclusionary rule are likely. I absolutely believe in the exclusionary rule because it protects a person from illegal searches and seizures. All of the cases that the defense tried to use the exclusionary rule against me was just an attempt to get their client’s charges dismissed because that was their only chance to have their client exonerated. I have witnessed several interdiction stops that led to large money and drug seizures be dismissed because the judge ruled that the stop was illegal.

In chapter ten, the authors discuss the instance where the exclusionary rule may be ineffective. The exclusionary rule was created to deter illegal police misconduct; however, the exclusionary rule does not apply to private searches made out by private investigators. The violation of the fourth amendment applies to police or other officials in the executive branch of government. The violation of a defendant’s standing may in fact suppress evidence. Thus, Evidence gathered by private investigators is not subjected to the exclusionary rule. In addition, the exclusionary rule is only applicable in criminal cases to suppress evidence. In civil lawsuits, the evidence suppressed can be used against the defendant. In the O.J. Simpson case, a lawsuit

The exclusionary rule is not in the Constitution because it was made by the court due to the need that presented itself. The intension was to ensure that the 4th Amendment is kept and not violated. Most people are aware of their right to privacy, and how it protects them from unwarranted searches. Nevertheless, most them do not comprehend how the Exclusionary Rule which ensures this right is guarded. The Exclusionary Rule is intended to refrain the police from misconduct. The 4th amendment right protects every citizen from illegal searches and arrests. When the police violates this 4 amendment right, the evidence they have collected will be avoided in the federal court.