...Crim 1010 24 Oct 2011 The Exclusionary Rule Everyone knows about the concept that they have the right to privacy and cannot be searched without a proper warrant. Unfortunately, many people don’t know about the exclusionary rule, which is what actually protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court. In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they can’t all be proved, the exclusionary rule would be exempt. It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong. It’s kind of a “guilty until proven innocent” situation for the prosecution. There are three exceptions that the prosecution should look at when trying to prove their case. The Independent Source doctrine is the first exception. This doctrine says that if evidence is obtained...
Words: 502 - Pages: 3
...In 1914 the US Supreme court created the exclusionary rule after the weeks v United States. This is only valid on federal level court. The exclusionary rule is when the court can legally deny a part of evidence used in a criminal trial. The exemplary rule is not apart of a citizen's rights but it's a choice that the court decides on when any law enforcement officer illegally collects evidence. The reason the exemplary rule exists is because many times officers misconduct evidence and try using it on trail. There is a few exceptions to the exemplary rule such as any evidence obtained by a police officer with a proper warrant and is believed to be valid may be used in trail ;this action is called the good faith exception. Another is called the...
Words: 789 - Pages: 4
...What is the Exclusionary Rule and what is an example? What are the expectations of the rule? How does the Exclusionary Rule apply to criminal procedure? Compare and contrast the criteria (including rationale) on which the Exclusionary Rule was based. Should the rule be abolished? Are there better alternative remedies to the rule and if so, what are they? The exclusionary rule essentially excludes evidence illegally obtained or in evidence obtained in violation of the Fourth Amendment (Lippman, 2011, p. 423). While the exclusionary rule is reactionary in nature and is used as a last resort relative to evidentiary admissibility, certain principles have been established that restrict or constrain it (p. 423). For example, claimants must be able to show their Fourth Amendment rights have been violated. While the exclusionary principle was developed in order to delimit unlawful or excessive police action, self-appointed citizens acting as police without authority to do so, etc., the exclusionary principle is not always applicable (Ferdico, Fradella, & Totten, 2013, p. 89). For example, evidence obtained by police acting in good faith, upon the belief that the search was legal might be included (p. 431). In fact, Lippman (2011) contends that attenuation and collateral proceedings such as preliminary hearings, may also inform the admissibility of evidence (Lippman, 2011, p. 414, 431). For understandable reasons then, numerous cases raising questions about Fourth Amendment rights...
Words: 311 - Pages: 2
...Raven Jones David Harper CJA/364 September 17, 2012 Exclusionary Rule Have you ever thought about what our country would be like if we did not have any rules or regulations? It would be a world of chaos, and would not be enjoyable. One rule we could never live without is the exclusionary rule. The exclusionary rule is protected by the Fourth Amendment. The exclusionary rule states that any evidence collected that violates the criminal’s right can not be used in court. The only way that illegal evidence may be used in a court room, is IF and WHEN the lawyer can prove to the judge that there is nothing linking misconduct by the police and gathering the evidence. The exclusionary rule has one sole purpose. That purpose is to deter police misconduct instead of punishing the errors of judges. The rationale for the exclusionary rule that was given by the courts was unclean hands. Unclean hands is a legal document which states that a person that is asking for judgment may not receive any help from the court if they have any unethical actions in regards to the lawsuit (“The Exclusionary Rule, n.d.”). There are many different exceptions to the exclusionary rule. Good faith exception is a document that gives exception to the exclusionary rule when evidence is collected illegally. The only way it can be submitted in court is if the police officer is acting in good faith. Another exception to this rule is if a second un-poisoned or untainted source had...
Words: 632 - Pages: 3
...Without the exclusionary rule the government would be free to violate the 4th amendment. Exclusionary rule protects citizens from evidence obtained illegally; any evidence obtained illegally cannot be used in a court of law. Evidence must be collected by abiding by the law and citizens’ rights, whether it be documents or any other incriminating evidence. In the following we will look at a brief historical overview of the development of the exclusionary rule, including its exceptions. Early signs of the Exclusionary Rule are found in 1914 in Weeks v. United States. Weeks was convicted based upon evidence that was seized from his home on two warrantless searches; including evidence that had private papers that compelling in his case. The...
Words: 835 - Pages: 4
...Exclusionary Rule Evaluation From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule is also intended give a deterrent and remedy, which is short of criminal prosecution in reply to prosecutors and police who unlawfully collect substantiation in infringement of the Fifth Amendment in the Bill of Rights bound to self-incrimination. This rule also assures the right to counsel (Carrie). The exclusionary rule has 3 elements: unlawful act did by an officer or a person who acts as an agent or police, secured evidence, and informal link between the criminal action and the substantiation secured. There are three exceptions to the exclusionary rule. First is the Independent Source Doctrine which was made in 1984 during the Supreme Court case of Segura and Colon v U.S. This exception is where evidence is apprehended in two different substantial ways meaning the first attempt is illegal and the...
Words: 924 - Pages: 4
...Exclusionary Rule Evaluation Christopher Revels CJA/364 August 1, 2011 University of Phoenix Exclusionary Rule Evaluation When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained...
Words: 1402 - Pages: 6
...to determine if an activity is a search within the meaning of the Fourth Amendment? Privacy approach it’s deciding what constitute a search. The government argued there was no search of a person, house, papers, or effects, so the Fourth Amendment did not apply. 2. Please explain the Exclusionary Rule? How does the case of Mapp v. Ohio (1961) relate to the rule? Exclusionary rule is a rule of evidence that excludes evidence from being admitted in criminal trial. This rule relate to the case Mapp v. Ohio for the first time to protect the rights by the Fourth Amendment as the protection of the rights of the citizens of freedom from unreasonable search. 3. How does the plain view doctrine differ from the open fields doctrine? Plan view doctrine...
Words: 601 - Pages: 3
...Donald Dripps proposes a hybrid solution called the Contingent Exclusionary Rule to the overly debated topic of the Exclusionary Rule. “The contingent exclusionary rule incorporates some of the strong points of both exclusion and damages” (Dripps, 2001). The Contingent Exclusionary Rule adds a high monetary damages sanction to unintentional law enforcement failures in order to create deterrence. “The idea is that police officer are motivated to conduct proper searches because if they do not, any evidence they find will be excluded at trial” (Bilz, 2012). As budgets are tight within all levels of the government, placing expensive monetary sanctions would push law enforcement agencies to minimize their liabilities during criminal investigations....
Words: 327 - Pages: 2
...Exclusionary Rule Evaluation John Stepney CJA/364 November 5, 2013 Kenneth Overwater Abstract The Fourth Amendment always has protected the three civil rights of liberty, property, and privacy. Under the Fourth Amendment the exclusionary rule was designed to sustain that any evidence that was obtained illegally by government officials is a violation of a defendant's constitutional rights and cannot be used against the defendant in a court of law. The reader will be informed of the rationale and purpose of the exclusionary rule and identify exceptions to the rule. It will also analyze the costs and benefits as well as alternative remedies to the exclusionary rule. Exclusionary Rule Evaluation In the 18th century the exclusionary rule under common law did not allow coerced confessions of defendants to be admitted in trial courts. It did not protect defendants from evidence that government officials seized during illegal searches from trials. Weeks v. United States (1914) held that the exclusionary rule was a part of the Fourth Amendment, and any illegally seized evidence cannot be used against the defendant. The decision made the exclusionary rule a constitutional requirement, but it did not bind states. Incorporating the rule to the state level was initiated in 1961 by way of the opinion of Mapp v. Ohio. The Fourth Amendment Exclusionary Rule became binding to the states under the Due Process Clause, which protects civilians from the denial of life...
Words: 977 - Pages: 4
...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
Words: 4522 - Pages: 19
...The Exclusionary Rule is designed to eliminate evidence that has been obtained in violation of a criminal defendant's 4th Amendment rights. The 4th Amendment is there to protect their legal rights of unreasonable searches and seizures by the law enforcement officers. If the search is unreasonable the evidence that was obtained in a search will be excluded from the court's trail. The Exclusionary Rule is created by the courts it was not passed by the legislative branch but, by the supreme courts The High profile court cases are Mapp v.Ohio Dallree Mapps is a woman that was falsely accused of housing someone that was questioned in a bombing case. The Law enforcement busted into her house and did an illegal search with out having a search warrant, the officers demanded entry to come into her house. Mapps refused them to come into her home with out a warrant. The officer then had forced their way into her home. The Cleveland police officers found some lewd that they call books so Darllee was arrested but, she did not get charged for the photos that they have found because they disregard Mapps 4th Amendment right of the Constitution in the United States. The Second High Profile court case will be the Brady v. Maryland case. John Brady and his...
Words: 671 - Pages: 3
...Exclusionary Rule Paper CJA/364 July 10, 2013 Bretton Barber Exclusionary Rule Paper The exclusionary rule as it applies to the field of criminal justice is one that was put in place with the Fourth Amendment, that states all citizens are protected from illegal search and seizure. The exclusionary rule basically adds that evidence that is obtained illegally is not permissible in court. There are many views in favor as well as opposition of the exclusionary rule, because of the purpose and exceptions. The purpose of the exclusionary rule is to accompany the fourth amendment, reinforcing the rights of citizens to be protected from illegal search and seizure by law enforcement. Without the exclusionary rule being enforced by the court system the fourth amendment would stand as a mere suggestion, allowing law enforcement to possibly use evidence obtained illegally to be used against the accused person. This rule serves mainly as a deterrent to police officers from misconduct. There are several exceptions to the exclusionary rule, which always makes for controversy. One of the exceptions to the exclusionary rule is that if it can be proven that the evidence obtained illegally would have been discovered eventually, it can be permitted. Another exception is that the defendant cannot take advantage of the police breaking the rules of the fourth amendment to obtain evidence to their advantage, to avoid any other evidence that may be used against them. The reason these exceptions...
Words: 657 - Pages: 3
...Should the Exclusionary Rule be abolished? What alternative remedy would you favor to prevent police abuse? Is this debate now largely symbolic? Please discuss. The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."(Calabresi, 2003) The exclusionary rule is grounded in the Fourth Amendment and it is intended to “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”(U.S. Const.) The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally...
Words: 490 - Pages: 2
...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally...
Words: 2336 - Pages: 10
