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 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
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The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. Now imagine how our system would function without the exclusionary rule. A police officer could detain‚ arrest or search an individual and his property based on bias‚ a hunch or because they just felt like it‚ without reasonable cause. If the officer discovered in criminating evidence‚ it could be freely admitted at the individual’s criminal trial. And that evidence that is found without the
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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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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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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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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
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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
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