The Exclusionary Rule Essay

936 Words Apr 10th, 2002 4 Pages
In 1914, during the Supreme Court case Weeks versus the United States, the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary rule is used to provide civil rights for individuals and restricts powers of the local and federal government (Lynch 1). The exclusionary rule is the best legal tool that is …show more content…
There are times when certain forms of evidence, such as blood and fingerprints, need to be obtained before the accused has time to destroy them (Inabau 2). With the exclusionary rule in effect in all fifty states, a person who is convicted of a crime has the possibility of getting off because of police tampering with evidence or obtaining pertinent evidence without a warrant. This alone allows criminals to walk because of lack of evidence that is admissible to the court room (Standen 1). The exclusionary rule also makes the prosecutions job harder in the case that if an officer has tampered with evidence that was pertinent to her case or has obtained evidence in the case illegally without a warrant. This makes her job harder since the evidence that was found illegally is not admissible to the jury which makes it harder to convict without enough evidence against the defendant (Standen 9). The exclusionary rule helps convicts like drug dealers and robbers go free. With the need of a warrant before searching this gives the robbers and drug dealers time to dispose of any evidence against them. The exclusionary rule in this case works in the favor of those who are in the wrong proving that there should be some circumstances in which the police should be able to not have to obtain a warrant before searching a suspected dangerous house or vehicle (Stuntz 2). The government officers have can search without a

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