Exclusionary Rule Essay

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 lottery, which is a federal offense. He was arrested at his place of business, and federal officers did a search of his home and business without a warrant. The police confiscated many incriminating items as evidence collected from his residence and they…

Exclusionary rules are important and these rules still have an impact and influence in the judicial system and were created as a response to the ways police gathered their evidence. Police arrest and prosecutors charge those accused of crimes and the Bill of Rights or first ten amendments include the exclusionary rule. The exclusionary rule is what prohibits the prosecutor from using any evidence at all that was illegally obtained for a trial. One rule of exclusion is the proper…

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…

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…

the police abused their power against Mapp’s will. Moreover, the Supreme Court applied the exclusionary rule to the case, which means evidence obtained illegally can’t be used in court. The Constitution stated the police need a warrant in order to search a person’s house. Therefore, any evidence obtained without a search warrant isn’t admissible. To emphasize, The Fourth Amendment was created to take care of the people from thoughtless searches…

The Exclusionary Rule is a rule that mandates that evidence obtained in the violation of the U.S constitution cannot be admitted or used in a criminals trial. In other words this rule is used to help remove evidence that was gathered by the use of police misconduct from being used against the person. There are always two sides to any rule that is out there for the public. For those who are for the exclusionary rule state that, “it establishes innocence before guilt.” (Lombardo) The saying of…

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…

The importance of exclusionary rule is it that it affiliates itself with cases involving searches and seizures. “ In Weeks v. United States, 232 U.S. 383 (1914). Weeks involved the appeal of a defendant who had been convicted based on evidence that had been seized by a federal agent without a warrant or other constitutional justification. The Supreme Court reversed the defendant's conviction, thereby creating what is known as the "exclusionary rule." In Mapp v. Ohio, 367 U.S. 643 (1961), the…

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,…

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…