The Exclusionary Rule

4522 WordsMay 16, 201319 Pages
THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of…show more content…
''The tendency of those who execute the criminal laws of the country to obtain convictions by means of unlawful searches and enforced confessions . . . should find no sanction in the judgment of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.'' [9] The ruling vaguely had a base as a presumption that the allowance of evidence that was illegally collect violates the Fourth Amendment. ''If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secured against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution.” [10] State officers were not restricted by the Fourth Amendment, [11] therefore; the state courts had no questions about the use of the exclusionary rule as part of the federal constitutional policy. However, a unanimous decision in Wolf v. Colorado, [12] stated that citizens had a basic right of freedom from unreasonable searches and seizures, by the due process clause of the Fourteenth Amendment and to be protected against state errors. [13] Since there were
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