Exclusionary rule

Introduction The Bill of Rights was passed in 1791. It is composed of the first 10 amendments proposed to the Constitution and encompasses a wide range of protections for American citizens (Lab et al., p. 41). One such protection comes from the fourth amendment which states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by…

Facts Weeks faced charges of gambling using the Federal Mail System. U.S. Marshalls entered the residence of Week’s without proper documentation (Warrant) and confiscated documentation that was entered as evidence at his trial against him. Weeks then petitioned to have the property excluded and returned since it was taken in violation of his Fourth Amendment Rights. Procedural History A petition filed by Weeks at his trial stated that the property be returned to him since it was taken…

The 14th Amendment and the Bill of Rights John Barron was a business owner of a wharf that was located on the Baltimore’s harbor in the deepest part. In 1815, the city of Baltimore decided to do improvements to their streets, which in turn diverted streams this caused the soil in front of Barron’s wharf to build up. In a little over 6 years the soil build up made it where ships could no longer tie up at the wharf. John Barron had to go out of business. In return, John sued the city of Baltimore…

decision of the Court of Appeals. They said the officers were not in pursuit of the original suspect when they entered the apartment, which makes the entry improper. Question of the Law: When an emergency has been created by the police, is the exclusionary rule still in effect and apply? Decision: The Supreme court reversed the decision of the lower courts, 8-1, warrantless searches that are being done in police-created exigent circumstances does not violate the 4th Amendment unless the police…

In the 1984 case of New Jersey v T.L.O., a fourteen year old freshman student’s attorney argues that evidence collected by school officials should be excluded due to a violation of the student’s Fourth Amendment rights to unreasonable search and seizure. The student and her friend were caught smoking cigarettes in the restroom of the high school by a teacher, and escorted to the principal’s office. After claiming that she was not a smoker, the principal demanded that she reveal the contents of…

Elizabeth, I do concede that Dripps model of the contingent exclusionary rule is fascinating; yet, it is my opinion that there are pros and cons. It is without doubt that the present exclusionary rule is controversial. I also concede that there isn’t a need to completely re-invent the wheel. Conversely, Dripps argues in regards of the contingent suppression order in which prosecutors would have to choose between accepting exclusion of evidence obtained through infractions of the Fourth…

The Exclusionary Rule The gathering of evidence is an important part of the Criminal Investigation, and ultimately the Criminal Trial. Certain procedure such as the issuing of a warrant and probable cause must be followed in the gathering of evidence, in order to prevent the possibility of any evidence being dismissed at trial. The exclusionary rule is a court-created rule which was adopted in 1914 (Weeks v. United States), and then first applied in state trials in the case Mapp v. Ohio. By…

Supreme Court, Mapp took her case to the U.S. Supreme Court. When brought to the U.S. Supreme court they determined that the evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts. (”Mapp v. Ohio (1961) Exclusionary…

her body to rot in a ditch. This murderer was almost able to walk away a free man after confessing his wrong doing, all because of the exclusionary rule. And this isn’t the first time justice has been tainted because of this flaw in the judicial system. According to legaldictionary.com in an article titled “the Exclusionary Rule” it states “The Exclusionary Rule prevents the government from using evidence in trial which was derived from an illegal search, seizure, arrest, or interrogation.”…

It is understandable that most would feel the use of the exclusionary rule allows the criminal element to otherwise go free on what would be perceived as a technicality, however, I would argue that the existence of such a rule only assures law enforcement and its designees conducts their investigations in such a fashion that the methods used to collect information and evidence are above reproach, thus the fear of having information be excluded is not a factor in their investigation.…