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Summary: Exclusionary Rule

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Evidence found as a result from a confession falls into the realm of the exclusionary rule, which was applied to both federal and state cases in Weeks v. United States and Mapp v. Ohio respectively. The exclusionary rule concludes that evidence that was obtained as a result of a violation of the constitution is inadmissible in court because the method to obtain the evidence was unconstitutional (Hall & Feldmeier, 2016). Regarding the suspect’s confession to the crime during interrogation after Miranda Rights were read, the confession can be used under the exclusionary rule. The confession being scrutinized is that of armed robbery. First, the suspect was arrested and brought into interrogation. The police proceeded to read him the Miranda Rights;…show more content…
Although the suspect did not sign a waiver form or stated that he wanted to waive his Miranda rights, it can be implied he waived them when he self-incriminated himself by making statements regarding the crime right after he was read his Miranda Rights (Waiving Miranda rights, 2016). The issue of implied waiver was addressed in North Carolina v. Butler. In the case, the court concluded that it was not necessary for police to get a signed or stated form of waiver; therefore, the suspect’s action could imply that he or she waived his or her rights (North Carolina v. Butler, 1979). The suspect cannot say his rights were violated because the confession about not meaning to shoot the children was made right after he was clearly informed that he could remain silent because anything he said could be used as evidence at court. Further, over the questioning period, the suspect in no moment made clear that he wanted to assert his Miranda Rights. Going back to the incriminatory statements, the statements were made voluntarily because there was no coercion. Further, the suspect can be said to have made the confession knowingly and intelligently because he was aware that he could assert certain rights before making any type of
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