paper is focused on the exclusionary rule, which is defined as an interpretation of the Fourteenth Amendment by the Supreme Court that holds evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant (Dempsey, J., Forst, L., 2011). What this rule pretty much means is that any evidence that is found to be seized in violation of the U.S. Constitution can be suppressed in court and not used against the arrested subject. The exclusionary rule evolved in U.S. law through
Words: 1442 - Pages: 6
Case Name: Herring v. United States Citation: 555 U.S. 135 Date of Decision: 2009 Area of Law: Fourth Amendment- Unreasonable Searches and Seizures. Good Faith Exception to Exclusionary Rule. Vote: 5/4 Procedural History: The Defendant was convicted in court after the District Court of the Middle District of Alabama denied Herring's motion to suppress evidence. The Court of Appeals for the Eleventh Circuit affirmed. Case Facts: The Alabama Sheriff's Department apprehended Herring
Words: 342 - Pages: 2
There is a specific issue I would like to address, and that is the Exclusionary Rule. I am most certain that you are familiar with the Exclusionary Rule, and its meaning. The Exclusionary Rule is grounded by the Fourth Amendment, and its intentions are to protect citizens from illegal search and seizures. I am most definitely for this rule. I am a firm believer in our constitutional rights, and if it were not for the Exclusionary Rule, a lot of citizens that were charged with a crime after they were
Words: 1202 - Pages: 5
In his pamphlet titled The Rights of the British Colonies Asserted and Proved, colonial Massachusetts lawyer and political activist James Otis argues that supreme legislative and supreme executive power must have a place in every commonwealth, however, those powers remain in the whole body of the people; furthermore, in the event that any administrators were to deviate from truth, justice and equity, they verge towards tyranny, and are to be opposed.1 The fate of the Fourth Amendment of the United
Words: 703 - Pages: 3
Amendment IV of the United States Constitution states that 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 (Cornell University). This Amendment refers to people’s right to privacy and freedom in their home from government
Words: 981 - Pages: 4
preserving its privacy rights and expectations, and the government’s interest in its ability to investigate and subsequently prosecute criminals. However, the methods and rules previously established have yet to be fully tested in our ever-evolving world of technological advances. This raises the question of whether certain well-established rules, specifically the Third-Party Doctrine, are ill-suited to address modern issues. As it has been applied since 1979, and in the absence of reevaluation, the Third-Party
Words: 1297 - Pages: 6
Mapp v. Ohio Synopsis Who was involved? Dollree Mapp had numerous connections to the underground world of boxing and illegal gambling. She was married to and had previous relationships with boxers and promoters who were big in the Midwest at the time. Mapp was first brought to Law Enforcement’s attention by having a potential connection to a bombing suspect named Virgil Ogletree. The police had heard from an anonymous tip that Ogletree might be hiding out within Mapp’s home. The police soon
Words: 737 - Pages: 3
they can hold 24 hours or more if they except you for treason. 2. What is the Exclusionary Rule? The Exclusionary Rule is a Bill that is use to put criminals behind bars and it was being written in 1914 when they first tested it then it was signed by the President then it was put in motion in 1966. The Exclusionary Rule protects us from those who are willing to bend the laws of men, without this Exclusionary Rule everything and everywhere will be in chaos. 3. How has the Supreme Court applied
Words: 738 - Pages: 3
Academic Outcomes As a result of zero tolerance policies which proved to be a factor in the overrepresentation of African American male students in receiving exclusionary discipline consequences, missed classroom time was severely affected. When students are absent from the classroom due to suspensions or expulsions, they miss valuable classroom contact hours which places them at risk of falling behind their classmates leading to academic failure, increased school dropout rates, and brushes with
Words: 1441 - Pages: 6
of the fourth amendment civil rights. Dollree won the case with the verdict that the evidence that was collected was seized unlawfully under the fourth and fourteenth amendments. The exclusionary rule which states “No state shall… deprive any person of life, liberty, or property without due process of law” is a rule placed under the fourth and fourteenth amendments that was part of the ruling that was applied to the Mapp v. Ohio
Words: 563 - Pages: 3
