The Exclusionary Rule And The Rule Essay

1031 Words May 3rd, 2016 5 Pages
The exclusionary rule, on the surface is a pretty easy rule / concept to understand. The exclusionary rule basically states that any evidence that is illegally obtained may not be used by the government. Over the years, there have been several cases that have in one way or another involved the exclusionary rule. Why has there been so much controversy with the exclusionary rule? Don’t the government and the American people want to ensure that the criminals are taken off the streets and prosecuted? Some would argue that police officials need to do want they need to do to ensure the safety and security of the people, but is violating someone’s constitutional rights, criminal or not, the right way to do it?
The exclusionary rule was primarily setup to exclude evidence that was improperly or illegally obtained by law enforcement officers. The exclusionary rule attempts to deter police from violating the constitutional rights of defendants, from violating the statutory rights of the defendants, and from violating court rules. The Supreme Court has set the standards of how this rule will be enforced. State courts have the option to set higher standards for the exclusionary rule but don’t have the option to set lower standards of this rule. (Gardner & Anderson, 2013) The beginning of the exclusionary rule was first seen in the Weeks v United States court case of 1914. In the case of Weeks v. United States, police entered the home of Fremont Weeks without a search warrant and…

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