Exclusionary rule

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  • Exclusionary Rule

    The exclusionary rule is a rule that is available to a defendant in a criminal case that is a remedy for an illegal search that violates their Fourth Amendment rights (nationalparalegal.edu.com. n.d.). Furthermore, one of the most important corollaries to the rule is the “fruit of the poisonous tree” doctrine. Unfortunately, like all rules there are some exceptions to this rule. One of the exceptions is when a police officer has an independent source of knowledge besides that of the fruit of the illegal search; therefore the doctrine will not exclude the evidence that was discovered. The second would be if the evidence find was inevitable then that evidence can be admitted, because it was not an illegal search that cased the evidence to be…

    Words: 758 - Pages: 4
  • The Exclusionary Rule

    The exclusionary rule acts as a control over law enforcement behavior and focuses on the failure of officers to obtain warrants authorizing them to conduct searches. Additionally, the exclusionary rule is grounded in the fourth amendment designed to protect citizens from illegal searches and seizures. The Fremont Weeks took place in 1914 and is considered as one of the first cases that the exclusionary rule was implemented. MR Weeks was arrested for using the mail to transport tickets for a…

    Words: 1087 - Pages: 5
  • Essay On Exclusionary Rule

    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…

    Words: 1086 - Pages: 5
  • Exclusionary Rule Pros And Cons

    The exclusionary rule, on the surface is a pretty easy rule / concept to understand. The exclusionary rule basically states that any evidence that is illegally obtained may not be used by the government. Over the years, there have been several cases that have in one way or another involved the exclusionary rule. Why has there been so much controversy with the exclusionary rule? Don’t the government and the American people want to ensure that the criminals are taken off the streets and…

    Words: 1031 - Pages: 5
  • Exclusionary Rule: A Case Study

    as an Exception to the Exclusionary Rule The “fruit of the poisonous tree doctrine” is an exclusionary rule designed to deter police misconduct that prohibits the introduction of evidence that is causally connected to an unlawful search. (People v. Navarro (App. 2 Dist. 2006) 41 Cal.Rptr.3d 164.) The defendant has the initial burden to establish cause and effect, showing that there is a connection between the evidence changed and primary illegality. (People v. Cella (App. 4 Dist. 1983) 188…

    Words: 415 - Pages: 2
  • Exclusionary Rule Arguments

    Question 1: Discuss the arguments for and against the exclusionary rule. Be sure to provide examples and explain your position on the exclusionary rule. Answer: The exclusionary rule is “A judicial rule that makes evidence obtained in violation of the U.S. Constitution, state, or federal laws, or court rules inadmissible” (Gardner & Anderson, 2016, p. 214). As a part of the exclusionary rule, there is a doctrine called the fruit of the poisonous tress, also known as derivative evidence…

    Words: 820 - Pages: 4
  • Exclusionary Rule Essay

    The Supreme Court adopted the exclusionary rule as a way of prohibiting the use of evidence in a court of law in situations where government officials directly or indirectly violate an individual’s constitutional rights to obtain evidence to secure a conviction. In other words, the exclusionary rule is a means of protecting the constitutional rights of the people from authoritative misconduct in violation of the Fourth, Fifth and Sixth Amendments against unreasonable search and seizure,…

    Words: 523 - Pages: 3
  • Essay On Exclusionary Rules

    inadmissible in court. As a result, the evidence cannot be used in court. There are three main concerns when obtaining evidence: exclusionary rule, fruit of the poisonous tree doctrine, and debate whether exclusionary rule deter police misconduct. The exclusionary rules outline legitimate way of collecting evidence and forbidden evidence in violation of the Constitution. The purpose of the exclusionary rules is to "discourage police from circumventing protection housed within the Fourth and…

    Words: 1091 - Pages: 5
  • Exclusionary Rule Disadvantages

    There are many definitions for the exclusionary rule, but to make it simple, I would say this rule was derived from the fourth, fifth, and sixth amendments of the United States. Many cases before this rule did not grant the accused the many perks the exclusionary rule offers the people of the united states now. As such many accused ended up being punished under very brutal and strict regulations. And also went through vigorous processes during the investigation process. Wikipedia defines the…

    Words: 854 - Pages: 4
  • Oliver Vs Dunn 1979

    Precedent cases are Weeks v. U.S. (1914) and Mapp v. Ohio (1961). In Weeks case officers broke into his home while he was away and seized his private papers. In the case of Mapp, officers broke into Mapp’s home while Mapp was coming to the door. A paper that was claimed to be a warrant was presented and Mapp was arrested when trying to take the warrant. Then a search took place and obscene materials were found. In both of these cases evidence was ban from court due to the illegal searches and…

    Words: 791 - Pages: 4
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