The Exclusionary Rule

When evidence is found initially during or a s consequence of an illegal search or

Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.

Evidence that is illegally obtained cannot be used in a criminal trial and officers must have a valid warrant before conducting searches or seizing evidence (Weeks v. U.S., 1914).

If the police officer precedes to search the resident’s house without obtaining a search warrant the evidence obtained can be deemed illegal under the Fruit of the Poisonous Tree Doctrine. “Under this rule, Fruit of the Poisonous Tree Doctrine, evidence that has been seized illegally is considered “tainted” and cannot be used against a suspect.” [6] The Exclusionary Rule could also be used as cited in the Mapp v. Ohio case. Anything obtained illegally could be deemed tainted or inadmissible in court. It is imperative that the police officers follow all procedures faithfully and as per the tenets that the courts have set up. Any mistakes can, and regularly do, permit a liable party to go free on a technicality.

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

The United States Constitution affords all people certain rights. The Fifth Amendment states that we have the right against self incrimination. The Fourth Amendment protects us from unreasonable search or seizure. People have the right to confront witnesses and accusers. Nothing can change these rights unless the U.S. constitutions were to be rewritten and that is not likely to happen. In this paper we will be examining the Fourth Amendment, learning the requirements for obtaining a search warrant, defining probable cause, describing when search and seizure does not require a warrant. We will also explain the rationale for allowing warrantless searches, examine the persuasiveness of these reasons, and determine if probable cause is always

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 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

This case mainly deals with the interpretation of our Constitution’s Fourth Amendment, which protects us from unlawful search and seizures. What we can learn from this case are: the differences in court systems, the elements that comprise the Fourth Amendment, and the controversies surrounding it. The text relevant to this case can be found within the first six chapters of our textbook, with an emphasis on Chapter 6 “Criminal Law and Business”.

In 1949, Wolf v. the People of the state of Colorado questions whether or not the states can deny the due process law that is required under the Fourth Amendment in a state offense. (FindLaw, 2014) Dr. Wolf was in trial for conspiracy for conducting an abortion on Mildred Cairo. The prosecutors obtained Dr. Wolf’s appointment book and was used as evidence against him. (HENRIKSEN, 20140 Mr. Wolf’s referred to a previous 1914 case, Weeks v. United States, and claimed that his appointment book had been seized in violation the Fourth Amendment. In Weeks v. US it was ruled that any evidence from an illegal search would not be admitted in a federal court. Justice Frankfurter argued that although he agreed that the exclusionary rule was a great way to prevent illegal search and seizures, however, it was not the only way and he denied to imposed this act among the

The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and

Leaving states to find ways to protect their citizen’s 4th amendment as they try to control criminal activities in their jurisdictions proved to be a failure. Hence, in Mapp v. Ohio case in 1961, the Court applied the

Mapp appealed again to the Supreme Court of the United States in 1961. The case basically came down to this fundamental question: may evidence obtained through a search in violation of the Fourth Amendment be admissible in state criminal proceedings? The Fourth Amendment states, ?The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause?and particularly describing the place to be searched, and the persons or things to be seized.? The Fourth Amendment, however, does not define when a search or seizure is

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

Good Faith is the last exception. In this case, the magistrate issues a seizure warrant for acquiring evidence. However, this may not be in sync with the role of the exclusionary rule in deterring the police from any misconduct and also the evidence suppression may not occur. The limitation of this exception is that, if the defense can convince the judge that the officer was reckless in seizing the evidence, then the good faith will be nullified.