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What is the exclusionary rule
Argument for the exclusionary rule
What is the exclusionary rule
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Describe the “Exclusionary Rule” and what it is meant to protect the citizens of this country. The exclusionary rule excludes any evidence that has been improperly or illegally seized. “The purpose of the exclusionary rule is to deter and discourage police violations of constitutional rights, as well as the violation of statutory rights of defendants, and the violations of court rules. The goal of the exclusionary rule is to deter the improper police, which in theory benefits all citizens, but in most cases the direct beneficiary of the rule is someone who would be convicted if the evidence were not excluded.” The exclusionary rule protects the citizens through the fourth, fifth, and sixth amendment. “The fourth amendment of the United States constitution states that citizens have the right to be secure in their persons, houses, papers and effects unless there is probable cause that is supported by oath or affirmation.” Which means unless there is probable cause, a person cannot be subjected to any searches and seizures, as well as any evidence that has been seized through unreasonable searches and seizures and cannot be used. The fifth amendment of the United States constitution allows a person from self- incrimination. The sixth amendment of the United States constitution deals with a defendant’s right to counsel. …show more content…
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There are four benefits of the exclusionary rule. The first benefit is that it deters police misconduct by preventing illegal seized evidence from being introduced in a court case. The second benefit is that is essential in protecting ones fourth amendment to their privacy. The third benefit is the judicial integrity of this nation to ensure that the inalienable rights of the people are not deprived. Last but not least, the fourth benefit is it has the potential to ensure justice by preventing fabrication of evidence from
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
The concurring opinion was given by Justice Blackmun. He agreed with the majority opinion that the exclusionary rule is valid as long as the officer and magistrate act in ?good faith?, but he wanted to stress that it is not a rule to take lightly, that it may change with how cases such as this are handled in the future. (United States v. Leon ,
... 1 helps to make sure that no one takes advantage of their rights. The Notwithstanding Clause is another significant reason why it is okay to have limitations on certain rights.
...believed that the exclusionary rule protected their privacy and a defeat to others who believed that safety came before individual privacy.
United States, the Court concluded that in order to protect the citizen’s Fourth Amendment right to be free from unreasonable searches and seizures, illegally seized evidence must be excluded in federal trials” (Gardner & Anderson, 2016, p. 215). The key phrase in this statement is “federal trials” because this indicates that the state courts did not have to adopt the exclusionary rule, and could still admit illegally seized evidence in their state-level court systems if they so pleased it. Unfortunately for Mapp’s, the state of Ohio did not adopt the exclusionary rule until later, which leads to me her arguments. Mapp’s argued that any evidence that is obtained illegally should be inadmissible in court. She further argued that the exclusionary rule or the Fourth Amendment rights should apply to all criminal prosecutions, including state
At the time of trial, Mr. Wardlow tried to suppress the handgun as evidence due to the fact that he believed the gun had been seized under an unlawful stop and frisk that violated his Fourth Amendment rights. The Fourth Amendment of the United States Constitution protects the right of the people against unreasonable searches and seizures by requiring a showing of probable cause in order to obtain a warrant before conducting such searches. “In a trial motion to suppress the gun, Wardlow claimed that in order to stop an individual, short of actually arresting the person, police first had to point to ‘specific reasonable inferences’ why the stop was necessary.”(Oyez, 2000) Recognizing that an investigati...
against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This leads explanations leads to the conclusion that there are implications of being part of the criminal justice system. The exclusionary rule along with other justice terms such as the fruit of the poisoned tree force police and other law enforcement members to obtain evidence properly and in respect to the Due process. According to the textbook Criminal Justice in Action, any arrest or seizure is unreasonable unless is supported by probable cause (Gaines, 2011). More than probable cause, police officers should rely on facts and circumstances that will lead them to arrest the individual accordingly.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
From a trial strategy point of view, you always start with the piece(s) of evidence you believe are most damaging to the client's case and work backwards looking for an exploitable flaw in the search and seizure procedure that would make that or those item(s) inadmissible. The further back in the series of events you can argue a fatal flaw, the more likely that the evidence and any additional materials which flowed from that particular item of evidence will be excluded. This is the practical analysis of all the times we see or hear of law enforcement arguing that there was some technical item which drew their attention and suspicion and justifies their hunch that criminal activity is afoot.
The Fourth Amendment of the U.S Constitution provides protection to the people against unreasonable searches and seizures. The exclusionary rule was a judicial precedence that made evidence obtained in violation of the US Constitution inadmissible in federal, state and local courts. Its primary focus being to discourage illegal or inappropriate law enforcement investigation practices. This ruling applies not only to evidence obtained directly from an illegal search or seizure, but also branches out to cover evidence indirectly obtained known as fruit of the poisonous tree. The fruit of the poisonous tree doctrine also referred to as the derivative evidence rule, prohibits submission of evidence that has been legally acquired through the
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
Thomson Reuters. (2013). The Fourth Amendment and the “Exclusionary Rule”. Retrieved December 1, 2013, from http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.