Preview

Exclusionary Rule Research Paper

Powerful Essays
Open Document
Open Document
1081 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Exclusionary Rule Research Paper
Contemporary Issues Paper: The Exclusionary Rule
Jennifer Howell
November 6, 2010

The Exclusionary Rule and Its Exceptions

Introduction: The Exclusionary Rule
The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment “forbids unreasonable searches and seizures, it does not provide a mechanism for prevention or a remedy.” (Jackson, 1996) After passage of the Fourth Amendment, courts began to make laws regarding the rule against unreasonable searches and seizures. The courts designed a rule known as the Exclusionary Rule, which provided a remedy for the violation of a suspect’s Fourth Amendment privileges:
…show more content…

(Exclusionary Rule, n.d.) The first case that applied the exclusionary rule was the case of Weeks v. United States, 232 U.S. 393, in which the Supreme Court “held that the Fourth Amendment barred the use of evidence secured through a warrantless search.” (Exclusionary Rule, n.d.) The exclusionary rule requires an illegal action by a police officer or agent of the police, evidence secured as a result of the illegal action, and a “casual connection between the illegal action and the evidence secured.” (Evaluation, n.d.)
Exceptions to the Exclusionary Rule Since the introduction of the exclusionary rule, courts have found that it can not be enforced across the board, and have carved out a number of exceptions. These are: * The Impeachment Exception
This exception allows the Government to offer illegally-seized evidence on cross-examination of the defendant to impeach the defendant after the defendant takes the stand and perjures himself. It should be noted that the exception applies only to the testimony of the defendant, and not to any other
…show more content…

The courts have reasoned that illegally obtained evidence can not be used in a trial to do so would be to condone unconstitutional behavior, thereby “compromising the integrity of the jury.” (Jackson, 1996) The Fourth Amendment is a constraint on the power of the police officers, and gives the officers an incentive to control their power. The exclusionary rule has great legal implications in that it protects American citizens from officers and other State actors who have personal motivations that “may otherwise be in conflict with Fourth Amendment compliance.” (Jackson, 1996) In fact, the Supreme Court has held that the abuses that gave rise to the exclusionary rule featured intentional conduct which was patently unconstitutional. (Herring,

You May Also Find These Documents Helpful

  • Good Essays

    In the case US v. Calandra (1974), Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury, was what was being question about this case. Calandra felt like because of the exclusionary rule unde0r the fourth amendment he didn’t have to answer but he was wrong. The supreme court held that the exclusionary rule was only applicable in criminal courts and was not meant to be seen as a right but as a way to reduce unreasonable searches and seizures conducted by police ("Oyez: US v. Calandra," n.d.).…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Chapter Four – The Exclusionary Rule Vicente Farias Jose Martinez The Exclusionary Rule  The Exclusionary Rule – Evidence obtained in violation of Fourth Amendment cannot be used at trial – The primary purpose of the exclusionary rule is to deter police misconduct – What other purpose does the exclusionary rule have? The Exclusionary Rule …

    • 280 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Dollree Mapp Case Study

    • 346 Words
    • 2 Pages

    The court stated that the exclusionary rule also applies to states, meaning that states cannot use evidence gained by illegal means to convict someone. Clark argued that the Fourth Amendment strictly implies that the use of evidence obtained in violation of the amendment is unconstitutional. Furthermore this overturned the Wolf ruling, the Supreme Court had found that the Fourth Amendment’s protection against “police incursion into privacy” is incorporate if the right to privacy is incorporated. He also went on explaining the courts rationale based on the connection between the Fourth and the Fourteenth amendment when saying that since the Fourth amendment is a right of privacy and has been declared enforceable through the Fourteenth then it is enforceable against them by the same sanction of exclusion. The court believed that if the right to privacy stated in the Fourth amendment is valid with regard to action by the states they so should be exclusionary…

    • 346 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Would one feel safe in their neighborhood knowing that guilty criminals are being let free every second? The exclusionary rule prohibits the use of illegally obtained evidence in a criminal trail. There are many exclusions to the rule, which brings up the question of why the rule should even be carried out in the first place. Since the exclusionary rule is not stated in the constitution alternatives and changes can be made to the rule. A controversial topic always has people on both the pro and con side. Arguments against the rule convince many citizens that the exclusionary rule has little impact in the judicial world.…

    • 490 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The exclusionary rules are included in the Fourth Amendment which is to protect citizens from illegal searches and seizure. As such, it prohibits police officers to use evidence…

    • 315 Words
    • 2 Pages
    Good Essays
  • Good Essays

    To protect the American peoples 4th Amendment right “against unreasonable searches and seizures” from law enforcement using illegally seized evidence in a criminal trial against them, the exclusionary rule was created. The U.S. Supreme Court deemed any evidence illegally obtained inadmissible in a criminal trial, and any other evidence obtained during an illegal search and seizure inadmissible as well. This is known as the fruit of the poisonous tree doctrine.…

    • 197 Words
    • 1 Page
    Good Essays
  • Better Essays

    The exclusionary rule is intended to reject prove acquired disregarding a criminal litigant's Fourth Amendment rights. The Fourth Amendment ensures against irrational quests and seizures by law requirement work force. On the off chance that the hunt of a criminal suspect is preposterous, the proof acquired in the pursuit will be rejected from trial.The exclusionary administer is a court-made run the show. This implies it was made not in statutes go by authoritative bodies but instead by the U.S. Incomparable Court. The exclusionary control applies in government courts by goodness of the Fourth Amendment. The Court has decided that it applies in state courts in spite of the fact that the due procedure condition of the Fourteenth Amendment.(The Bill of Rights—the…

    • 875 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Ch 5 Gov

    • 968 Words
    • 4 Pages

    The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a…

    • 968 Words
    • 4 Pages
    Good Essays
  • Good Essays

    What the author intends to answer is what the exclusionary rule is and alternatives to the rule that potentially increase societal self-worth and positive reinforcement. This article explains to for the exclusionary rule, “it is a judge made rule of evidence, originated in 1914 by the Supreme Court in Weeks v. United States, which bars "the use of evidence secured through an illegal search and seizure.(Wilkey, 216)” What surprises the reader is finding out that the exclusionary rule is not a rule required by the constitution. It is through…

    • 715 Words
    • 3 Pages
    Good Essays
  • Good Essays

    I find that the evidence would still be valid based on the “good faith” exception to the exclusionary rule. The good faith exception states “that If officers had a reasonable, good-faith belief that they were acting per legal authority, such as by relying on a search warrant that is later found to have been legally defective, the illegally seized evidence is admissible” (Busby, 2009). The good faith exception was established by a 6-3 U.S Supreme court decision in the United States v. Leon 468 U.S. 897 (1984). The majority opinion, as written by Bryon R. White, was that the exclusionary rule was established to deter law enforcements violations of the 4th amendment warranting against illegal search and seizure. Therefore “reliable physical evidence seized by officers reasonably relying on a warrant issued by a detached and neutral magistrate” did not violate the exclusionary rule and the evidence was to be admitted (Kaye, 2011). The good faith exception was reviewed and expanded in Arizona v. Evans 514 U.S. 1 (1995), a case that I feel directly correlates to my decision reference the admissibility of the evidence in the example given. In Arizona v. Evans an officer conducts a legal traffic stop. Upon running the driver’s license the officer discovers an outstanding warrant for arrest. Pursuant to the arrest a search was conduct and marijuana discovered. When charging Evan’s when possession the officers discovered that the warrant had been quashed. In a 7-2 decision, the U.S. Supreme Court determined that this was not a violation of Evan’s 4th Amendment rights since the evidence, though obtained based on an illegal warrant, was legal based on the good faith…

    • 425 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The purpose of the exclusionary rule is to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. It is also a right to be free from unreasonable searches and seizures by the Fourth Amendment. Some exceptions of the exclusionary rule is barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. Some other exceptions to the exclusionary rule are: (1) a second, unpoisoned/untainted source had a major rule in finding the evidence, (2) the evidence would have been discovered…

    • 803 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Exclusionary Rule

    • 1042 Words
    • 5 Pages

    Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant.…

    • 1042 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The 4th Amendment is part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.…

    • 511 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. The U.S. Supreme Court developed the rule to discourage police from violating the Fourth Amendment right to be free from unreasonable searches and seizures. A lot of police feel as when they have their badge on there able to do anything and everything which isn't fair to the everyday citizen.…

    • 548 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Fourth Amendment’s prohibition against unreasonable searches and seizures is probably one of the most vital components of criminal procedure. It regulates the State and Federal governments. All government agencies are regulated by this amendment, including but not limited to the Secret Service, I.R.S., F.D.A. as well as State revenue services, such as local law enforcement, county Sheriffs as well as local and county municipal services.…

    • 455 Words
    • 2 Pages
    Good Essays