What Are The Four Alternative Remedies For The Exclusionary Rule
Criminal Procedure
Michele Lira
CJA/364
November 18, 2013
Christopher Bragg
1
Exclusionary Rule Evaluation 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 …show more content…
They are: civil suits seeking damages, civil suits seeking injunctive relief, civil suits seeking declaratory judgment, and the possibility of criminal prosecution. The civil seeking money damages cannot provide for the appellate-court deterrence because of the doctrine of the quality immunity. Qualified immunity shields officers from liability for searches conducted in reasonable reliance. The civil suits for money damaging does not provide the necessary mechanism to correct constitutional errors.
Civil suits seeking injunctive relief also cannot provide the needed mechanism because of the Article III’s limits on Fourth Amendment injunctions. Civil law suits seeking declaratory judgment faces similar limitations. For example, for a plaintiff to have standing to seek a declaratory judgment in the Fourth Amendment case, the plaintiff needs to show that the challenged conduct is ongoing. Criminal prosecutions cannot provide a way to correct erroneous procedures. They also cannot substitute for the exclusionary rule in providing a means to correct erroneous constitutional
Michele Lira
CJA/364
November 18, 2013
Christopher Bragg
1
Exclusionary Rule Evaluation 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 …show more content…
They are: civil suits seeking damages, civil suits seeking injunctive relief, civil suits seeking declaratory judgment, and the possibility of criminal prosecution. The civil seeking money damages cannot provide for the appellate-court deterrence because of the doctrine of the quality immunity. Qualified immunity shields officers from liability for searches conducted in reasonable reliance. The civil suits for money damaging does not provide the necessary mechanism to correct constitutional errors.
Civil suits seeking injunctive relief also cannot provide the needed mechanism because of the Article III’s limits on Fourth Amendment injunctions. Civil law suits seeking declaratory judgment faces similar limitations. For example, for a plaintiff to have standing to seek a declaratory judgment in the Fourth Amendment case, the plaintiff needs to show that the challenged conduct is ongoing. Criminal prosecutions cannot provide a way to correct erroneous procedures. They also cannot substitute for the exclusionary rule in providing a means to correct erroneous constitutional