Exclusionary Rule Essay

jurisdiction to review cases from state courts that deal primarily with federal law. The Court also held that the Fourth Amendment was designed to protect against intrusions into a home or onto private property, or the conduct of police officers. The exclusionary rule therefore does not apply to the conduct of judicial officers. Justice Sandra Day O’Connor wrote a concurring opinion where she argued that the majority’s decision does not allow any evidence that is the result of a clerical error.…

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 seizures. A bright-line rule stated that any evidence obtained through an illegal search and seizure is inadmissible in…

safety, and officer safety. The purpose for this rule can be looked at like a way for law enforcements to conduct searches and seizures that do not violate the Fourth Amendment and individuals that have had their rights violated. This legal rule first made its appearance during the U.S. Supreme court case Weeks v. United States (1914). Freemont Weeks was arrested under suspicion of using the U.S. mail to transmit lottery tickets. The purpose for this rule can be looked at like a way for law…

a conviction. The Ohio Supreme Court upheld Mapp’s conviction. The American Civil Liberties Union filed an amicus brief on behalf of Mapp to the Supreme Court. Issue Can evidence obtained in violation the Fourth Amendment be used in state courts? Rule The Fourth Amendment protects individuals against unreasonable searches and seizures of their persons, houses, and effects. Wolf v. Colorado (1949)…

Situations keep on varying, and the rules are not always as clear as they are supposed to be. If the officers themselves can be punished for crossing the line inadvertently, then they will be forced to avoid getting anywhere close to it. People who are guilty who the society is out to punish in such a situation get away with it. This is not right as a rule meant to deter law enforcer conduct is not what the society wants. However, instead, the Exclusionary Rules lets the law enforcers go right…

enforcement officers who then attempt to use that evidence in a criminal prosecution”(Buckles, 2006, p. 132), therefore law enforcement and investigators must meet certain requirements in order to avoid that the evidence would fall under the exclusionary rule. There are two Four Amendment Search Warrant Requirements they are probable cause and a sworn affidavit specifying the place that needs to be searched, what items or evidence would most likely be seized, and how would this search support…

In 1984, the Court first recognized the inevitable discovery doctrine as an exception to the exclusionary rule in Nix v. Williams and held that if the prosecution can establish that evidence unlawfully seized would have been discovered by lawful means, the exclusionary rule does not apply and the evidence is still admissible. Nix v. Williams, 467 U.S. 431, 444 (1984). Under the inevitable discovery rule, evidence obtained by illegal means is still admissible if it would have been obtained by the…

Mapp v. Ohio set the standard for the exclusionary rule, meaning that the States now too fell under the rule. Police today cannot search or seize any items with a search warrant. Furthermore, because of the case of Katz v. United States, the police are required to demonstrate “probable cause” for any investigative activity…

unreasonable search. The reliability of dogs to sniff was questioned in court of law. Also 4th amendment was questioned in these cases. Police officers did not have the right to approach the porch of Jardines’ house to find evidence, this is know as exclusionary rule,improperly gathered evidence may not be introduce in a criminal…

Thesis This paper will discuss the cases of: Weeks v United States, Mapp v Ohio, Gideon v Wainwright and Scott v Harris. This paper will discuss which of these cases was the most important and it has impacted the criminal justice system. Each of these four Cases answered questions that influenced the criminal justice system to a whole new level. Mapp v Ohio: Police illegally entered the home of Dollree Mapp without a warrant. Officers were initially searching her home for a fugitive, but…