The Exclusionary Rule Essay

2359 Words Feb 4th, 2013 10 Pages
The Exclusionary Rule

This paper will present the Exclusionary Rule and the original intentions for its enactment. It will discuss the importance of the rule and how it is a protection against an unlawful search and seizure and a violation of the rights provided by the Fourth Amendment. Also, this document will display the history of the Exclusionary Rule, with its first appearance in the case, Boyd v. United States in 1886. Weeks v. United States will show a better-established, stronger version of the exclusionary rule. Another expansion of the rule will be described by the Mapp v. Ohio case. In this paper, I will also state and describe the four primary exceptions to the exclusionary rule: Inevitable Discovery Doctrine,
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(Weeks v. United States, 2011)
Another expansion of the exclusionary rule was introduced in the Mapp v. Ohio case in 1961. In this case, the defendant, Dollree Mapp was suspected of harboring a person that was suspected in a bombing in her basement. Mapp refused to allow the officers into her home without a search warrant. The officers returned to the residence three hours with more officers, again, requesting entry. When the defendant refused the second request, the officers opened a door to the house by forced entry. The defendant confronted the officers, demanding to see the search warrant and the officers waived a piece of paper in the air, claiming it to be a valid search warrant for that residence. Shortly later, the police handcuffed Mapp and continued to search the home for the fugitive. During the search, the police officers uncovered a briefcase, which contained a small collection of pornographic books, pictures, and photographs; but no fugitive was found. (Harr, Hess, & Orthmann, 2012). Mapp was subsequently arrested for violation of an Ohio law which prohibits possession of obscene material. At her trial, Mapp was convicted based on the evidence presented in court. When the officers were asked by Mapp’s attorney to provide a copy of the search warrant, they could not produce one; meaning they

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