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 …show more content…
A warrantless entry and search for a suspect and to help victims in emergency circumstances is also permitted. Officers can secure evidence in emergency situations if the officers have reasonable belief the evidence will be destroyed in circumstances when there is no time to secure a warrant from a judge or magistrate. Plain view and consent given by the legal owner is also a cause for warrantless search and seizure procedures. Although the burden of proof to afford a warrantless search and seizure must be proven, given the totality of the circumstances involved (Brooks,