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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Exclusionary rule was needed to deter police misconduct. Many police agencies will use warrantless evidence and use that against a person. That is the reason exclusionary rule was created was to stop law enforcement obtain illegally obtain it. It can also be called as “fruit of the poisonous tree”. Exclusionary rule also has a loophole known as good faith exception‚ that way in courts both these rules balance out each other. Exclusionary rule is a judicially created rule that prohibits the use of
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The exclusionary rule is a term used to refer to the legal principle in the United Sates‚ which holds that evidence analyzed and collected in violation of a person’s constitutional rights. It is sometimes admissible for the persecution of criminal in the court of law. To protect the constitutional rights‚ an exclusionary rule might be considered as an example of a prophylactic rule which is created by the Judiciary. In most cases‚ it is used to protect the constitutional rights of a person such
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ARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2. It manifests society’s refusal to convict lawbreakers by relying on official lawlessness—a clear demonstration of our commitment to the rule of law that states that no person‚ not even a law enforcement
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The exclusionary rule prohibits illegally obtained evidence from being used in a criminal trial (Hall‚ 2015). Furthermore‚ the exclusionary rule applies to prevent unconstitutionally obtained evidentiary submissions‚ and the rule is applicable to items or confessions (Hall‚ 2015). After reviewing the exclusionary rule I feel it should be applied to illegal arrests too‚ unless the police obtain sufficient evidence independent of the illegal arrest. In the case of State v. Eserjose police made an
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Discussion Questions Answer the following in complete sentences. 1. Explain the exclusionary rule and how it applies to civil liberties. The exclusionary rule is a judicial rule that use of evidence which is obtained in violation of the law is unacceptable. This often refers the rights of courts where they are able to exclude such materials that violated the Fourth Amendment. Since civil liberties are rights that individual has to be against the unjust governmental actions‚ the government does not
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Because of this ruling all illegal evidence obtained is inadmissible in court. Mapp v. Ohio became a precedent for law enforcement and in a court of law. The ruling officially established the exclusionary rule. The exclusionary rule was created to protect Americans from our very own law enforcement and courts. The rule was designed to provide a response to the prosecution and police who illegally gather evidence that violates the 5th Amendment right of self-incrimination. As a Supreme Court Justice my
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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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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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The reason we have rules in life are simple‚ to keep order when there is chaos and to guide our behavior in a way that is acceptable by society’s standards. The reason we have laws and procedures to carry out those laws are simple as well‚ to keep the government from infringing on its citizen’s constitutional rights. If the government was to rid itself of the exclusionary rule‚ then it has the potential to be infringing on its citizens rights. The government could essentially walk into anyone who
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