The Rule Of The Exclusionary Rule

1252 Words Feb 20th, 2016 6 Pages
Unit 6 DB 1

Exclusionary Rule
The Exclusionary Rule has been around since the early 1900s, and it is a rule that some defendants who are involved in a felonious case tend to use as a remedy for unlawful searches that has a habit of violating their Fourth Amendment rights. This rule also dictates that any evidence that was unlawfully obtained should be ruled out as evidence under our Fourth Amendment, and the Mapp v. Ohio, 367 U.S. 643 is one of these cases that discusses this rule and evidences being excluded. Now, before this rule was created, “any evidence was admissible in a criminal trial if the judge found the evidence to be relevant, and how the evidence was seized was not considered an important issue” (“Exclusionary Rule”, n.d., para. 4).
But, this type of rule did not last long, and around 1914, the Supreme Court decided that it was time for a change, at this time the Exclusionary Rule was born. But not by accident, but by the “Weeks v. United States, 232 U.S. 383, 34 S. Ct. 341, 58 L. Ed. 652 (1914), that involved a federal agent who conducted a warrantless search for evidence of gambling at the home of Fremont Weeks” (“Exclusionary Rule”, n.d., para. 4). Once the evidence was seized in the search, they decided to use it at the trail as well, and he was convicted. But, the case was appealed; and the Court came to the conclusion that Weeks Fourth Amendment banded the use of all evidence that was secured by the agents’ warrantless search of weeks home. So the…

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