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Randy Taylor
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CJ330 Criminal Law and Procedure
ASSIGNMENT 03: Discuss “The Exclusionary Rule.” What is the Exclusionary Rule? What is its purpose? Can it be modified? The Exclusionary Rule is based on federal Constitutional Law that evidence unlawfully seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal trial. The Exclusionary Rule is designed to exclude evidence obtained in violation of a suspect’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be barred from trial. The Exclusionary Rule is a court-made rule. This means that it was shaped not in decrees passed by legislative bodies but rather by the U.S. Supreme Court. The Exclusionary Rule has been in existence since the early 1900s. Before the rule was fashioned, any evidence was allowable in a criminal trial if the judge found the evidence to be germane. The manner in which the evidence had been seized was not an issue. This began to change in 1914 ,when a federal agent had conducted a warrantless search for evidence of gambling at the home of Fremont Weeks. The evidence seized in the search was used at trial, and Weeks was convicted. On appeal, the Court held that the
Fourth Amendment barred the use of evidence secured through a warrantless search.
Weeks's conviction was reversed, and thus was born, “The Exclusionary Rule.” The Exclusionary Rule established in Weeks was constitutionally required only in federal court until Mapp v. Ohio. In Mapp, Cleveland police officers had gone to the home of Dollree Mapp to ask her questions regarding a recent

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