The Importance Of The Exclusionary Rule And The Exclusionary System

One of the most controversial, and perhaps,most important American legal principle, is the exclusionary clause which under Constitutional law, holds that evidence collected or analyzed in violation of defendants constitutional rights is not permitted for use in criminal persecutions. Sparked by the famous case Mapp v. Ohio, the exclusionary rule has a fair share of critics who argue that police blunders let criminals go free. In the 1961 Supreme Court case, Dollree Mapp was convicted when police searched her house ,under a false warrant, for a suspected bomb fugitive and found “lewd, lavicious, or obscene material”, otherwise known as pornography. Mapp claimed the police had no probable cause to search for the obscene materials found; the Court let her go because the material had been seized without a warrant. Despite the …show more content…
The exclusionary rule works with the Fourth and Fifth Amendments to protect the people from law enforcement overstepping their boundaries. Security is crucial to human performance. In order for democracy to function correctly, the people must feel safe. The Fourth Amendment works to build American sense of security by protecting individuals from “unreasonable searches and seizures” , assuring that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Doc B). The Fourth Amendment helps to assure liberty because Americans can feel safe that police will not unreasonably charge into homes without a warrant directly outlining the area to be searched, what enforcement is searching for, or who is to be seized. The Fifth Amendment also ensures the