The Rule And The Exclusionary Rule Essay

1086 Words Jan 8th, 2015 5 Pages
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 occasional occurrence of criminals going free, the exclusionary rule is vital to democracy because the principle ensures liberty and justice in America for all. 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…

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