Exclusionary Rule Arguments

Improved Essays
Show More
Question 1: Discuss the arguments for and against the exclusionary rule. Be sure to provide examples and explain your position on the exclusionary rule.

Answer: The exclusionary rule is “A judicial rule that makes evidence obtained in violation of the U.S. Constitution, state, or federal laws, or court rules inadmissible” (Gardner & Anderson, 2016, p. 214). As a part of the exclusionary rule, there is a doctrine called the fruit of the poisonous tress, also known as derivative evidence (Gardner & Anderson, 2016). The fruit of the poisonous tree rule excludes evidence that is collected indirectly during police misconduct (Gardner & Anderson, 2016). Such evidence will be excluded as a result of this doctrine if the evidence illegally collected …show more content…
The independent source doctrine applies if illegally obtained evidence is also found by legal police conduct (Gardner & Anderson, 2016). Evidence can be admissible if discovered properly and independent, and is not contaminated by the first improper police misconduct (Gardner & Anderson, 2016). In the Murray v, United States (1988) case, the independent doctrine was applied because the agents unlawfully entered a warehouse where marijuana was found, but then obtained a search warrant therefore the evidence was deemed admissible (Gardner & Anderson, 2016). The inevitable discovery rule is applied when “illegally discovered evidence would certainly have been discovered legally” (Gardner & Anderson, 2016, p. …show more content…
For example, in the case of Wong Sun V. United States (1963), Wong Sun was coerced to make incriminating statements after agents illegally entered his laundry, but he was later released (Gardner & Anderson, 2016). He eventually confessed voluntarily to transporting heroin, and at his trial he wanted his confession to not be used as evidence because of the improper police conduct (Gardner & Anderson, 2016). But, the U.S Supreme Court stated his confession could be used in court because of the time that has passed between the illegal entry and confession that ultimately eliminated the misconduct (Gardner & Anderson,

Related Documents

  • Improved Essays

    The Aguilar-Spinelli Test
    • 548 Words
    • 3 Pages

    The Aguilar-Spinelli Test

    In the essence of lawfully securing the ability to invade and search someone else’s property to look for evidence of a crime, two approaches have been examined. One being the totality of circumstance approach which states that all facts and circumstances in the given situation should be looked at in each case individually, meaning that the whole picture needs to be examined in order to determine if there is probable cause to enter someone’s property for searches and seizures; the other approach being the Aguilar-Spinelli two pronged test, which was developed in Aguilar v. Texas and Spinelli v. United States and the two requirements were that, “The magistrate must be informed of the reasons to support the conclusion that such an informant is…

    • 548 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    David Mccallum Case Study
    • 397 Words
    • 2 Pages

    David Mccallum Case Study

    After 29 years of being locked up and convicted for murder David McCallum had his conviction thrown out. Both him and his friend Willie Stuckey were convicted after being coerced into giving a false confession foe the kidnapping and murder of a 20-year-old boy in Brooklyn 1985. David McCallum served I personally don’t understand what circumstances could possibly make a person confess to a crime they didn’t commit, however, False and coursed confessions are one of the main factors in wrongful convictions. These false and coursed confessions can be a result of unethical behavior during the interrogations of suspects. In McCallum’s case it was later discovered that the confession was not backed up by physical evidence.…

    • 397 Words
    • 2 Pages
    Improved Essays
    Read More
  • Superior Essays

    Gideon V Wainwright Case Study
    • 1434 Words
    • 6 Pages

    Gideon V Wainwright Case Study

    After being denied entry, they left and subsequently returned with a faux search warrant. After this, they promptly entered the residence with force and conducted a search. With this search, they did not find the suspect but instead found obscene materials which were illegal in the state of Ohio. Using the evidence, the officers brought her to trial and she was then convicted for the possession of these materials. The main premise of the case is whether or not evidence obtained illegally can be used as evidence against a suspect.…

    • 1434 Words
    • 6 Pages
    Superior Essays
    Read More
  • Decent Essays

    Timothy Dickerson Drug Trafficking Case
    • 263 Words
    • 2 Pages

    Timothy Dickerson Drug Trafficking Case

    Respondent requested that the cocaine be excluded from evidence, but the trial court denied his request and he was found guilty. The issue…

    • 263 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Exclusionary Rule Vs Savana Redding
    • 628 Words
    • 3 Pages

    Exclusionary Rule Vs Savana Redding

    cases also relates to the Fourth Amendment, which requires "search and seizure" of evidence, also known as the exclusionary rule (Srinivas, 2012, p. 179). The exclusionary rule states that, “Evidence must be collected and analyzed without violating the rights of the defendant; if the rights of the defendant are violated, then the evidence will not be upheld in court” (Srinivas, 2012, p. 179). Savana Redding is a 13-year-old eighth grader enrolled at Safford Middle School. She is an honor student who has no history of disciplinary problems or substance abuse.…

    • 628 Words
    • 3 Pages
    Improved Essays
    Read More
  • Decent Essays

    Three Main Arguments In Favor Of Hate Crime Laws
    • 273 Words
    • 2 Pages

    Three Main Arguments In Favor Of Hate Crime Laws

    1.) Reidy identifies three main arguments in favor of hate crime laws. What are they? What flaws does he find in each?…

    • 273 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Fourth Amendment Exclusionary Rule
    • 327 Words
    • 2 Pages

    Fourth Amendment Exclusionary Rule

    In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.)…

    • 327 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    Pros And Cons Of The Exclusionary Rule
    • 420 Words
    • 2 Pages

    Pros And Cons Of The Exclusionary Rule

    It is understandable that most would feel the use of the exclusionary rule allows the criminal element to otherwise go free on what would be perceived as a technicality, however, I would argue that the existence of such a rule only assures law enforcement and its designees conducts their investigations in such a fashion that the methods used to collect information and evidence are above reproach, thus the fear of having information be excluded is not a factor in their investigation. Additionally, it would be highly unlikely that the exclusion of evidence would be to such a degree that a case would allow for a defendant to go free unless sufficient evidence was not available to secure the conviction, to begin with. I would like to believe that, as in my office, there is more than sufficient evidence available to win a case, and that its fate is not dependent on a single source of information or evidence.…

    • 420 Words
    • 2 Pages
    Improved Essays
    Read More
  • Decent Essays

    Exclusionary Rule: Use Of Illegally Obtained Evidence In A Criminal Trial
    • 215 Words
    • 1 Pages

    Exclusionary Rule: Use Of Illegally Obtained Evidence In A Criminal Trial

    The definition or exclusionary rule “is a law that protects the use of illegally obtained evidence in a criminal trial.” The exclusionary rule falls under the fourth amendment which protects every individual from unlawful searches and seizure. This rule is based on the constitutional law, it was made, so that evidence that was collected “illegally” cannot be used to prosecute a suspect. To begin with, if a police officers want to obtain a warrant, they must have reasonable causes to do a search legally.…

    • 215 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Juror Case
    • 996 Words
    • 4 Pages

    Juror Case

    We may not all know the term “fruit of the poisonous tree,” but we know that some matters are determined within the judge’s chambers and not in the courtroom. It offends the sensibilities of jurors to know that evidence is excluded and that they are not being informed of it. We need to allow more transparency in the court room. Tell jurors what the law is. Tell jurors what is being excluded and why.…

    • 996 Words
    • 4 Pages
    Improved Essays
    Read More
  • Great Essays

    Analysis Of Exclusion Rules By Laurel Holliday
    • 1257 Words
    • 6 Pages

    Analysis Of Exclusion Rules By Laurel Holliday

    The author Laurel Holliday in Seattle Public Library’s Exclusion Rules Disproportionately Push out People of Color argues that SPL discriminates against non-whites. To make her point, she has selectively used the term “excluded” without throwing light on our safety versus access issue in an appropriate manner. As per Holliday, “break one, and you can be “excluded” (SPL’s chosen term) from all of its 27 branches for up to two years”, but she fails to explain that we resort to protecting the rights and safety of Library patrons, volunteers, staff, and property with our stringent Rules of Conduct. Exclusion of any patron is enforced in a fair and reasonable manner and not “without the benefit of counsel, the ability to present witnesses or even being able to plead your case in…

    • 1257 Words
    • 6 Pages
    Great Essays
    Read More
  • Improved Essays

    Exclusionary Rule Essay
    • 523 Words
    • 3 Pages

    Exclusionary Rule Essay

    The Supreme Court adopted the exclusionary rule as a way of prohibiting the use of evidence in a court of law in situations where government officials directly or indirectly violate an individual’s constitutional rights to obtain evidence to secure a conviction. In other words, the exclusionary rule is a means of protecting the constitutional rights of the people from authoritative misconduct in violation of the Fourth, Fifth and Sixth Amendments against unreasonable search and seizure, coercion, and provides the right to counsel under due process of the law (Cornell Law School, 2007). The Fruit of the Poisonous Tree Doctrine can result in the dismissal of evidence collected at a crime scene as proof of guilt found in violation of the Fourth Amendment. The Fourth Amendment clearly states that the rights of the people are to be secure in their homes and person, papers and effects, and shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probable…

    • 523 Words
    • 3 Pages
    Improved Essays
    Read More
  • Decent Essays

    The Exclusionary Rule
    • 202 Words
    • 1 Pages

    The Exclusionary Rule

    The court ensures the rights of an individual is protected in the court of law. An individual is innocent until proven guilty. Sufficient evidence must be presented in court to prove that the person is guilty of a crime. The exclusionary rule is used to prevent police misconduct. If a police officer obtains evidence illegally it can not be used in court unless there is proof that the evidence was secured in constitutional manner.…

    • 202 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Supreme Court Case: Mapp Vs. Ohio
    • 598 Words
    • 3 Pages

    Supreme Court Case: Mapp Vs. Ohio

    Mapp v. Ohio, after reading the case file this case should not have ever made it to the Supreme Court or any court in the land. This case was doomed from the beginning due to police misconduct that has opened a crack in a door for criminals to slide through. Should the exclusionary rule be abolished? I do believe that court’s ruling regarding Mapp v. Ohio affect the day-to-day police work of our Officers. Peradventure, that the police are serving a legal warrant to pick up robbery suspect who also is a known drug dealer, because of the exclusionary rule from Mapp v. Ohio when the police arrive at the suspect address, they are not allow to search the home looking for drugs unless the warrant stipulates.…

    • 598 Words
    • 3 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings