The Exclusionary Rule Has Changed Our Societies

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 Fourth Amendment protects citizens from unreasonable search and seizures. (People v. Williams 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) Warrantless searches and seizures are presumptively unreasonable. (Williams, supra, 20 Cal.4th 119; see also Minnesota v. Dickerson (1993) 508 U.S. 366 (stating searches and seizures conducted outside the judicial process are per se unreasonable unless subject to an established exception).) While the defendant has the initial burden of raising the warrantless search issue before the court, this burden is satisfied when the defendant asserts the absence of a warrant and makes a prima facie case in support. (Williams, supra, 20 Cal.4th 130.) Accordingly, when the prosecution seeks to introduce evidence seized during a warrantless search, they also bear the burden in showing that an exception to the warrant applies. (Mincey v. Arizona (1978) 98 S.Ct. 2408; see also People v. James (1977) 19 Cal.3d 99.) Evidence obtained as a result of an unlawful search and seizure is considered “fruit of the poisonous tree” and should be suppressed. (Wong Sun v. United States (1963) 371 U.S. 471; see also Minnesota v. Dickerson (1993) 508 U.S. 372 (stating unreasonable searches are invalid under Terry and should be suppressed).)

Throughout the past centuries, the United States has encountered many court cases dealing with illegally searching citizens homes and using the evidence found against them. Cases dealing with Search and Seizure have dated back to Mapp v. Ohio, in which Dollree Mapp’s apartment was illegally searched and child pornography was found. This case raised the question, may evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? This issue is a major problem because it could lead to many citizens rioting and even more cases dealing with this controversial topic. In spite of many attempts to eliminate illegal search and seizures, it has still been a reoccurring problem. Regarding the issue of search and seizure, the Supreme Court has developed a much

• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).

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

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 Fifth Amendment privilege against self-incrimination was made applicable to the states in Malloy v. Hogan, 378 U.S. 1 (1964); the sixth Amendment right to appointed was made applicable to the states in Gideon v. Wainwright, 372 U.S. 335 (1963); and the Eighth Amendment ban against cruel and unusual punishment was made applicable to the states in Robinson v. California, 370 U.S. 660 (1962). The exclusionary rule was designed to deter police misconduct. Generally it does not apply to evidence obtained by private citizens because it would usually have not deterrent effect. Most private citizens are unfamiliar with constitutional rules such s those governing search and seizure, have no reason to learn them, and would not be disciplined for violating them.

The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the 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

Although the exclusionary rule most often is applied to violations of the Fourth Amendment, it has been applied to other constitutional violations as well.13

This paper is intended to analyze the rationale and purpose of the Exclusionary Rule and the exceptions to the Exclusionary Rule. Furthermore, this paper will also detail opposing views and rebuttals.

2. The rights of the accused is based upon the “Fourth, Fifth, Sixth and Eighth Amendment that creates the Due Process of Law” (Ginsberg et al. 133). These laws protect accused criminals by “engaging limitations on the governments against the liberty and freedom of the accused”. However under the “search and seize it prohibits evidence from being submitted in court that was seized during an illegal search” (Ginsberg et al. 134). The exclusionary was applied during the case of Mapp v. Ohio. The technicalities of this rule has allowed

“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.

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.