The Exclusionary Rule Essay

4519 Words May 31st, 2013 19 Pages
THE EXCLUSIONARY RULE
Geoff Moore
LSTD503 CRIMINAL JUSTICE PROCESS
The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of
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This essay will discuss how the exclusionary rule came about, the foundations of the rule, then will give a basic break down of the rule with some scenarios and then will give an opinion of the exclusionary rule.
Development of the Exclusionary Rule

As a solution for Fourth Amendment violations, the exclusionary rule first appeared in the courts with the case of Boyd v. United States [5], which the courts equated a binding production of business papers to a search and seizure result. Since the illegally searched citizen had been forced to incriminate himself by bringing the paperwork forward, the Supreme Court went further in their decision and added the Fifth Amendment’s self-incrimination statement to the Fourth Amendment’s protection rights. [6] A few years later the rule was abandoned by the court because the Supreme Justices were maintaining the common law rule that evidence was allowed no matter how it was obtained. [7] However, ten years later in Weeks v. United States, the exclusionary rule was favored over the common law view in the case. [8] During the course of two warrantless searches of his home, papers and other evidence were seized that convicted Weeks of mislabeling and shipping articles of food. The seized papers were claimed to be private papers just like the ones that Boyd was trying to get dismissed. In a unanimous decision, the court held the

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