Abstract Not one person can answer a question about the "exclusionary rule" until they know what is stated in the Fourth Amendment. The Fourth Amendment and the exclusionary rule go hand in hand. The Fourth Amendment was put into the constitution to limit on the actions of overzealous officers (Peak‚ 2006). Then‚ one must understand what is meant by "probable cause." Armed with this information‚ we can discuss the definition of the exclusionary rule and some of its history. Also‚ we will list some of
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Should the Exclusionary Rule be Abolished? John Doe University of Phoenix Criminal Procedure CJA350 Mr. Instructor Feb 07‚ 2006 Should the Exclusionary Rule be Abolished? Does the exclusionary rule protect the guilty? For years people have argued if the exclusionary rule is significantly helping the rather obvious criminal. By abolishing the exclusionary rule some people fear the whole purpose of the fourth amendment would be violated by using evidence attained illegally. If the proper
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I am usually one of those people that believes in the law and that believes that rules are in place for a reason. I am well aware of the Exclusionary Rule and the Poisonous Fruit Doctrine however‚ these are two things that I don’t believe in. According to the Exclusionary Rule‚ any evidence obtained without a warrant or Constitutional justification needs to be excluded from any case records. (FindLaw‚ 2017). While the Poisonous Fruit Doctrine indicates that the court may exclude not only the evidence
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been committed‚ do a search of a person’s property and confiscate any relevant evidence to the crime. the exclusionary rule is a rule that allows for the exclusion or suppression of evidence. This role prevents the government from using evidence in trial which was to be derived from an illegal search and seizure arrestor interrogation. There are several exceptions to the exclusionary rule that I have found and these are: 1. The good-faith exception-any evidence gained by law enforcement using a
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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
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A major case that helped further clarify the exclusionary rule in the justice system was the Davis v. The United States. The case regarded the admissibility of evidence obtained through unconstitutional searches and seizures derived from the fourth amendment. The implications for law enforcement and prosecution were also clarified by the exclusionary rule during the trial. Case Background Willie Davis was stopped by officers at a routine vehicle stop where he was asked for his name and decided to
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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
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Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s‚ Detectives‚ etc will cut corners and otherwise ignore the basic rights of the people they serve. If the rule was abolished we will see sometimes innocent people put in
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-Homeopathic remedies allow the body to heal itself without any harmful affects that might come from the use of conventional drugs -The history of homeopathy dates as far back as Hippocrates in the 5th century. It was also used by Egyptians. -Most people take medicine in strong doses so the drug will produce the opposite condition of what they have. -But Homeopathy works in the opposite way. -The doses are very diluted. -Many people like to use homeopathic remedies because they
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a warrant could then be used to convict a person on any number of charges. In the years since the exclusionary rule was enacted‚ the Supreme Court has loosened some of the restrictions that were originally imposed by the rule. They have created exceptions to the exclusionary rule that allow for certain specific instances of warrantless searches. Two of the major exceptions to the exclusionary rule are the good faith exception and the inevitable discovery exception. The good faith exception provides
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