In 1914, during the Supreme Court case Weeks versus the United States, the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary rule is used to provide civil rights for individuals and restricts powers of the local and federal government (Lynch 1). The exclusionary rule is the best legal tool that is
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Probable cause allows police officers to search an individual, a home, or a vehicle if they have a good notion that something is not right. They must have some from of evidence like screaming coming from a house or someone who gets pulled over for being under the influence before they check them for other things without a warrant (Hendrie 2). Though there are more bad points to the exclusionary rule, there are also some good points. The rule was created to control unlawful police conduct. If the rule is broken by law enforcement then they are usually looked down upon, so this makes law officials think before illegally searching and obtaining a warrant first (Hendrie 2). Also, the law is a civil liberties law given to citizens by the Fourth Amendment. It secures rights for them and is a privacy law. It protects an individual from being unfairly accused and incriminated (Hendrie 4). The exclusionary rule, as one can see, is more towards helping a criminal get away on the mistakes made by the police. Evidence is evidence and no matter how it is obtained it should be able to be presented in a court of law and used to convict the criminal (Stuntz 2).
Hendie, Edward M. "The Inevitable Discovery Exception To
The Exclusionary Rule." FBI Law Enforcement Bulletin
Inbau, Fred E. "Public Safety v. Individual Civil
Liberties: The Prosecutor's Stand." Journal of Criminal Law &