Preview

The Exclusionary Rule And Miranda V. Arizona

Good Essays
Open Document
Open Document
578 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Exclusionary Rule And Miranda V. Arizona
The Exclusionary Rule was put in place to prevent the government from using evidence that was gathered illegally in violation of the United States Constitution. Evidence that was obtained from an unreasonable search and seizure that violates the Fourth Amendment or Fifth Amendment are found admissible in court under the Exclusionary Rule, if no exceptions apply. The establishment of the Exclusionary Rule was due to the rulings of several Supreme Court cases where it was found unconstitutional for evidence from an illegal search and seizure to be used against someone in court. The Exclusionary Rule is very important, as the evidence that can or cannot be used during a criminal trial can completely alter the ruling of a case. The Exclusionary …show more content…
Ohio (1961) and Miranda v. Arizona (1966). The ruling of Mapp v. Ohio determined that all evidence that is obtained by search and seizures that violate the Fourth Amendment is admissible in a criminal trial in a state court overruling Wolf v. Colorado, which holds the contrary. The Exclusionary Rule applied not only to the Fourth Amendments protections against search and seizures, but also to the Fifth Amendments protection against self-incrimination. Miranda v. Arizona brought the Fifth Amendment into the exclusionary rule and found that if a police fails to inform a suspect of their right to remain silent (read their Miranda Rights), if the suspect confesses, their confession was unlawfully collected and cannot be used as evidence in court. Some of the other cases regarding the good-faith exclusion of the Exclusionary Rule are Arizona v. Evans (1995), Davis v. US (2011) and Herring v. US. In Arizona v. Evans, it was found that evidence obtained by officers who reasonably relied on a search warrant that turned out to not be valid would be included under the good-faith exception, and that the evidence could be used in court. Another Supreme Court case, Davis v. US, ruled that searches conducted while relying on binding appellate precedent would not be included or protected under the Exclusionary Rule, and that evidence collected while relying on an invalid statute would also be admissible. The ruling of …show more content…
C. (2009, September 17). Good Faith Exception to Exclusionary Rule.
Retrieved March 24, 2017, from https://www.law.cornell.edu/wex/good_faith_exception_to_exclusionary_rule
Carlson, M. D. (2009, June 10). Exclusionary Rule. Retrieved March 24, 2017, from https://www.law.cornell.edu/wex/exclusionary_rule
Street Law Inc. (n.d.). Landmark Cases of the U.S. Supreme Court, Miranda and the Exclusionary Rule. Retrieved March 24, 2017, from http://landmarkcases.org/en/Page/461/Miranda__and_the_Exclusionary_Rule
Cornell University. (n.d.). Mapp v. Ohio. Retrieved March 24, 2017, from

You May Also Find These Documents Helpful

  • Good Essays

    Evans (1995), the respondent was stopped because of a routine traffic stop. The officer’s computer indicated that there was a misdemeanor warrant out for the respondent’s arrest. The officer search his car and found marijuana in it, so the officer charged him with possession. The respondent tried to have the marijuana suppressed as evidence since his warrant had been squashed since before the arrest. This was denied because the purpose of the exclusionary rule wouldn't be served if they dismissed evidence that was obtained by error of employees. These employees were not directly associated with the arresting officer. So the arresting officer had no way of knowing that the misdemeanor warrant wasn't valid. Since the error was a clerical error exclusionary rule was not applied to suppress the…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    A good tip that will help you with your studying is to make use of flash cards. It may sound juvenile but flash cards really do make a big difference when you're studying for a brutal test or exam. The more you have in your studying arsenal, the better you'll do.…

    • 432 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In Mapp v Ohio (1961), the Court stated that any evidence seized in violation of the Fourth Amendment could not be admitted into any court, state or federal. The Exclusionary Rule  Determining What is Inadmissible – Illegally Seized Evidence • • • • Contraband Fruits of the crime Instruments of the crime…

    • 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
  • Powerful Essays

    Mapp V. Ohio Case Study

    • 1111 Words
    • 5 Pages

    Justice Black also believes the command that no unreasonable searches or seizures be allowed is too little to infer such a large decision. With these differences aside Justice Black feels that along with previous court decisions that the "Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies, but actually requires the exclusionary…

    • 1111 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Weeks Vs United States

    • 302 Words
    • 2 Pages

    The Court established the Exclusionary Rule, which excludes any illegally obtained evidence from any unreasonable search or seizure, improper self-incriminatory statements, situations where defendants’ Sixth Amendment right to counsel to be used in court…

    • 302 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Mapp v Ohio

    • 434 Words
    • 2 Pages

    iii. For Mapp, the police, who possessed no warrant to search her property, had acted improperly. Any evidence found during the search should have been thrown out of court and her conviction overturned. For the state of Ohio, even if the search was made improperly, the State was not prevented from using the evidence seized because “the Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure.” Ohio argued that the 14th Amendment does not guarantee 4th Amendment protections in the State courts.…

    • 434 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The definition of the exclusionary rule was a principle of law that illegally obtained evidence may not be admitted in court. The exclusionary rule was one of the few laws the court system had made to enforce the Forth Amendment’s unreasonable search and seizure clause. The many exceptions and alternatives to the rule caused major controversy over why the rule even stands.…

    • 490 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Miranda V. Arizona 1966

    • 1843 Words
    • 8 Pages

    Soon thereafter his conviction Miranda appealed his case to the Arizona Supreme court. The Arizona Supreme Court upheld the conviction and Disagreed with the unconstitutional confession. It was then that Miranda took his appeal to the United States Supreme Court. In a fourth fifths vote the United States Supreme court ruled in favor of Miranda agreeing that the police that interrogated Miranda denied him of not only his 6th amendment right to counsel however also his fifth amendment right to incriminate himself. On a completely different note the Supreme Court recognized that Miranda as well as others accused of committing crimes have long been subject to police violence and intimidation especially during interrogations and therefore many confessions have been not only forced but possibly…

    • 1843 Words
    • 8 Pages
    Better 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
  • Satisfactory Essays

    What is miranda v. arizona? Do the miranda rights come to mind when you hear miranda v. arizona? Perhaps it does the Miranda rights came to be in 1963 when a man named ernesto miranda was accused of sexual assault towards a girl the case made it all way to the supreme court the case labeled as miranda v. arizona and ernesto was founded guilty of both kidnapping and sexual assault and sentenced to 20 to 30 years in prison he later then claimed the police did not read him his rights and because he wasn't given the right to remain silence his rights were violated and the case was reviewed again in 1966 because the police had failed to inform Miranda of his right to an attorney. The police duty to give these warnings is compelled by the Constitution's Fifth Amendment, which gives a criminal suspect the right to refuse "to be a witness against…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    In 1914, Weeks v. United States was decided by the Supreme Court. In Weeks, the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.” (Exclusionary Rule, 2010, p. 287). However, it was not until the 1961 case of Mapp v. Ohio that the Court made the Exclusionary Rule binding on the states…

    • 1210 Words
    • 5 Pages
    Powerful 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
  • Good Essays

    Basically the Exclusionary rule as set forth by the US Supreme Court states that any evidence obtained by police through search and seizure, arrest, interrogations and stop and frisk situations or any other evidence despite its relevance can be excluded as evidence. The Weeks v. United States was basically the origin of the Exclusionary Rule in 1914. In Weeks v United States Mrs, Weeks was arrested for shoplifting and attempted to get a note to her husband about this. Law enforcement went to the residence and without a warrant searched the home and found illegal lottery tickets and removed everything in relation to the tickets charging him with a federal crime because there was evidence showing these were handled through the mail. Mr. Weeks attorney filed with the courts this was illegally obtained evidence and should be excluded.…

    • 815 Words
    • 4 Pages
    Good Essays
  • Good Essays

    I learned this semester the exclusionary rule is that the exclusionary rule is evidence that is declared in an illegal search could not be used in a federal court for the reason of a violation of citizens' rights, the fourth amendment. Although the exclusionary rule has its pros and cons, it protects innocent people from having charges brought on them. Nevertheless, I do agree with what Edwin Meese has to say around the exclusionary rule. Any officer who does not seize evidence properly can absolutely let criminals walk freely. It allows guilty people free and it also allows further crimes to be committed before being brought to jail.…

    • 235 Words
    • 1 Page
    Good Essays