Essay On Exclusionary Rules

1091 Words 5 Pages
Law enforcement must follow a strict procedure before obtaining search warrants. When obtaining evidence, it is important to follow proper legal procedure. If the police officer failed to follow the procedure, this can cause the evidence inadmissible in court. As a result, the evidence cannot be used in court. There are three main concerns when obtaining evidence: exclusionary rule, fruit of the poisonous tree doctrine, and debate whether exclusionary rule deter police misconduct.
The exclusionary rules outline legitimate way of collecting evidence and forbidden evidence in violation of the Constitution. The purpose of the exclusionary rules is to "discourage police from circumventing protection housed within the Fourth and Fifth Amendment
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The doctrine has four exceptions, which are good faith, inevitable discovery, attenuation, and independent source. Good faith is an officer act with reasonable assurance according to the law. For example, Arizona v. Evans extended the good faith exception to exclusionary rules. The case was about Isaac Evan drove the wrong ways on a one-way street, which cause a police officer Bryan Sargent to stopped and check his driver license. Evan explained to the officer his license had been suspended. Sargent verified his license by the computer and showed Evan had an outstanding misdemeanor warrant. Sargent arrested Evan and searched his car. In the car, the police found marijuana and charged Evan for possession of marijuana. On the contrary, Sargent discovered the warrant had been rejected (Stringer, 1996). Supreme Court decided to eliminate the evidence. Exclusionary rules do not apply because of error in police record. Inevitable discovery refers to evidence would have been found without illegal act. For example, Nix v. Williams’s case showed law enforments ' massive search would have found Pamela Powers 's body without Willam 's statement. Thus, Supreme Court decided the rule does not apply even though the police Mirandize William after the

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