Exclusionary Rule Essay

In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.) In view of the modification of the exclusionary rule, the Court of Appeals' judgment cannot stand in this case. Only…

Exclusionary Rules of Evidence ‘The Evidence Act 2008 (Vic) includes too many exclusionary rules to otherwise relevant evidence, and the rationales for those exclusionary rules are often questionable or unclear. As a result, useful evidence is excluded from proceedings. A better approach would be to allow the trier of fact to receive all of the available evidence and to evaluate its weight.’ Introduction The Victorian Evidence Act 2008 (‘the Act’) contains a number of provisions that prevent…

cases also relates to the Fourth Amendment, which requires "search and seizure" of evidence, also known as the exclusionary rule (Srinivas, 2012, p. 179). The exclusionary rule states that, “Evidence must be collected and analyzed without violating the rights of the defendant; if the rights of the defendant are violated, then the evidence will not be upheld in court” (Srinivas, 2012, p. 179). Savana Redding is a 13-year-old eighth grader enrolled at Safford Middle School. She is an honor…

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 Fifth Amendment…

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 exclusionary rule…

from being used in court. The exclusionary rule was later introduced in the 1914 case of Weeks v. U.S. The exclusionary rule states that any evidence that is illegally seized by the police will be inadmissible in a criminal trial. However at this time the rule was only applied to federal agents and the federal court system. Therefore, the rule was basically ineffective. The federal agents would simply ask state or local officers who were excluded from the rule to make an illegal seizure on…

In the case of Jardines v. Florida, the Exclusionary rule protected Jardines on a technicality ("Fourth Amendment--Trespass Test--Florida v. Jardines," 2013). Jardines was able to prove that Miami-Dade Police and DEA illegally used a sniff-test to determine if marijuana was in his home ("Fourth Amendment…

Bradley, C. (2012). Criminal law: Is the exclusionary rule dead? Journal of Criminal Law and Criminology, 102, 1-1323. This article questions the jurisprudence of the mandatory application of the exclusionary rule. It begins by stating that the Supreme Court intends on limiting the usage of the exclusionary rule, making it only applicable to cases that grossly violate a defendant’s fourth amendment rights. By citing prolific court cases as references, this article backs up this position by…

granted by a judge. During the hearing, Brierley’s attorneys pleaded the exclusionary rule because the evidence was obtained without a warrant. The judge did approve it, but later the city appealed to the Utah Court of Appeals, which overturned the judge’s ruling and reinstated the evidence. The court stated that in certain situations, there are exceptions to the exclusionary rule. The exception was the inevitable discovery rule. It was stated the evidence is admissible because it would have…

individuals/s or things to be seized”(Schmalleger,201). The Fourth Amendment ,is a part of the Bill of Rights, that was adopted by congress, and it came to effective on December 15,1791.The exclusionary rule holds that the evidence illegally obtained by the police can not be recognize in a trial.The The exclusionary rule also stops the government from producing evidence in a trial which was taken in violation of the Fourth Amendment’s shield against illegal…