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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The exclusionary rule is intended to reject prove acquired disregarding a criminal litigant’s Fourth Amendment rights. The Fourth Amendment ensures against irrational quests and seizures by law requirement work force. On the off chance that the hunt of a criminal suspect is preposterous‚ the proof acquired in the pursuit will be rejected from trial.The exclusionary administer is a court-made run the show. This implies it was made not in statutes go by authoritative bodies but instead by the U.S.
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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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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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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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Should the Exclusionary Rule be Abolished? Since the introduction of the exclusionary rule‚ many debates have raged about whether or not it should be in place in our justice system. The exclusionary rule was set in place to protect citizens’ Fourth Amendment rights against illegal searches and seizures. As a result of the induction of this rule‚ law enforcement throughout the country has been affected and changed. Personally‚ I do not believe that the exclusionary rule should not be excluded from
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