ipl-logo

Pros And Cons Of The Exclusionary Rule

285 Words2 Pages

The exclusionary rule can make evidence inadmissible in the court of law if that evidence was illegally obtained by a police officer. This protects an individual from unlawful searches and serves as an effective deterrent for police misconduct. One could argue that a mistake on the officer’s behalf should not result in the release of a criminal. This assertion would be reasonable if these fourth amendment violations committed by police officers were honest mistakes. Unfortunately, some illegal evidence is found because of deliberate misconduct by the police. Although this rule does not provide any civil or administrative remedies to the innocent, neither do the proposals suggested by the critics. The notion of suing an officer of any wrongdoings

Show More
Related

  • Maryland Vs Pringle Case Study

    1331 Words  | 6 Pages

    Given the totality of circumstances, an officer has satisfied the probable cause standard to arrest an individual believing that a felony is or has occurred in the officer’s presents. This type of warrantless arrest does not violate an individual’s Fourth and Fourteenth Amendment rights. Decision: Chief Justice Rehnquist delivered the Court’s opinion on this case. The Fourth Amendment guarantees that citizens “are to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause” This right is pushed down to the state level by way of the Fourteenth Amendment. This ensures that warrantless arrests can be conducted by police officers when the standard of probable cause has been met.

    Read More

  • Summary: The Case Of Sam Wardlow

    899 Words  | 4 Pages

    The Bill of Rights was created for all citizens to be guaranteed the protection of basic rights. However, this was not situation regarding Sam Wardlow’s case. Mr.Wardlow was arrested on September 9, 1995 by Officer Nolan. Sam Wardlow was seen standing next to a building holding an opaque bag. According to reports, Mr.Wardlow looked in the direction of the officers and began to run.

    Read More

  • Terry V. Ohio-Stop And Frisk Case

    2176 Words  | 9 Pages

    Terry had filed to the District Court of Cleveland because he wanted the evidence that was found on him thrown out. Terry had felt that the evidence that was found on him violated his Fourth Amendment; which is the people’s right against search and seizures. In an eight to one decision, the court had decided that McFadden, the police officer, had enough probable cause to search him and that it did not violate the Fourth Amendment.

    Read More

  • Billy Greenwood And Dyanne Van Houten Summary

    602 Words  | 3 Pages

    In 1988, California v. Billy Greenwood and Dyanne Van Houten was about a suspecting of selling and using drugs in Mr. Greenwood house a narcotic officer told the man to bring her the trash bag which Greenwood had placed out the street for pick up, but as the officer search the bags she found drug paraphernalia which was used as evidence to convict Mr. Greenwood but the lower court revoked it because she search the trash bag without a warrant and that was a violation of the fourth amendment. but the trash bags was placed on the street were any child or animal can unseal it so he could not argue about his privacy if it was out in the police for anything or any person to expose the content of the bags but the court stated “ the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public “ this means

    Read More

  • Maryland Vs Pringle Case Study

    476 Words  | 2 Pages

    The majority explained that the Fourth Amendment, as applied to the States through the Fourteenth Amendment, allows for officers to arrests without a warrant where officers have probable cause to believe a suspect has committed a crime in the presence of the officer. In this case, the officers undoubtedly concluded that a felony had been committed, and the question for the Court was if the officers had sufficient probable cause to believe that Pringle had committed a crime. According to Chief Justice Rehnquist, that question was a fact dependent investigation as to whether circumstances allowed officers to conclude not only that a crime was committed but to have specific suspicion of Pringle. In the written opinion Justice Rehnquist stated that three men riding in a car where drugs are found, with all three suspects denying possession, affords officers probable cause to conclude that one or all have committed a crime. The Court rejected Pringle’s assertion that the probable cause in this case amounted to “guilt by association,” distinguishing this case from others in which searches of groups had been limited.

    Read More

  • Stop And Frisk Analysis

    712 Words  | 3 Pages

    Terry and Chilton are taking turns walking past a store front on a fall afternoon in Cleveland, Ohio. They each pass the store six times and then meet with a third man- Katz. A nearby police officer- Officer McFadden, notices the odd behavior of the pair and conducts a stop and frisk of all three men, which reveals two concealed weapons. In the subsequent trial for the charges of carrying a concealed weapon, the prosecution filed a motion for the suppression of the recovered guns as evidence citing that the manner in which the evidence was obtained was unlawful and inadmissible in court as a result.

    Read More

  • Acceptance And Complications Of The Exclusionary Rule

    2659 Words  | 11 Pages

    The term paper will circulate around the Exclusionary Rule’s purpose, applications, limitations, and complications alongside with landmark cases pertaining to each component. The Exclusionary Rule is a legal principle stating that evidence obtained in violation of a person's Constitutional rights, such as the Fourth Amendment's protection against unreasonable searches and seizures, may not be used against them in court. This is significant in understanding how the Supreme Court utilizes the U.S Constitution to infer the writer’s intention as to what should be permissible today. The purpose portion of the essay will examine why the rule was formally integrated in American law, and how judges can use it to infer what the writers of the Constitution

    Read More

  • Fourth Amendment Exclusionary Rule

    616 Words  | 3 Pages

    Fourth Amendment Is the exclusionary rule a benefit to us as a country or is it a hindrance to stopping criminals? When this country was in its infancy and we were part of another kingdom. We were being oppressed and harassed unnecessarily by the government. The present government at the time, which was the King of England was in the habit of searching people 's houses and persons, confiscating papers and effects without due process because they were attempting to stifle dissent (Gutzman, 2007).

    Read More

  • Fourth Amendment Vs Exclusionary Rule

    216 Words  | 1 Pages

    The founders of the Constitution knew that it is important to protect citizens from violation of their privacy, especially to the respect of invasion of their homes. Therefore the fourth amendment came into existence to ensure that individuals rights will not be infringed. The fourth amendment and the exclusionary rule has protected individual rights against the police and other government agencies from, unreasonable search and seizures. Furthermore, the exclusionary rule has deterred police misconduct and as well as intended to discourage law enforcement from conducting illegal searches by stating that any evidence found during an illegal search will be dismissed and cannot be used against the defendant in a court of law. The supreme court case, Fremont weeks vs. United States, the Supreme Court ruled that since the evidence gathered during weeks case were through illegal means the court dismissed the case.

    Read More

  • Why Is The Exclusionary Rule Important

    428 Words  | 2 Pages

    The Exclusionary Rule is an important constitutional principle of modern criminal procedure law in the United States. Generally, it prohibits the summary at criminal trial of any evidence seized or otherwise obtained in violation of the Fourth Amendment to the Constitution. Under the Exclusionary Rule, unsuitably obtained evidence that leads to the subsequent discovery of other incriminating evidence automatically invalidates or "poisons" the newly discovered derivative evidence in the same way that a poisonous tree taints the fruits growing on any of its branches. While it stems from the Fourth Amendment, it is not actually enclosed anywhere within the text of the Constitution or its Amendments. In fact, it was judicially shaped more than a century after the Constitution was approved in 1789 and the Fourth Amendment

    Read More

  • Mapp Vs. Ohio Case Study

    316 Words  | 2 Pages

    In Wolf vs. Colorado the Supreme Court had decided that it did not. Illegally obtained evidence could be used in trials because the 4th amendment did not apply to states. The principle became known as the exclusionary

    Read More

  • Mapp Vs Ohio Case Study

    1872 Words  | 8 Pages

    41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.

    Read More

  • Arguments Against The Exclusionary Rule

    493 Words  | 2 Pages

    The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.

    Read More

  • Pros And Cons Of Exclusion Clauses

    792 Words  | 4 Pages

    If we look at into the various ingenious devices developed by the Courts to contain the mischief of exclusionary clauses usually incorporated in the standard contract is wide. Most importantly Exclusion clauses are the main sources of in standard contract. Exclusion clauses usually written down that say that one party to the contract will not be responsible for certain happenings. For example, if you join a gym, it is common for the contract to say that the gym owner will not be responsible if you are injured while exercising. If you arrange to park your car in a public carpark for a fee, the owner will often seek to include in the contract a provision that they will not be responsible for damage to your vehicle or theft of goods from it, while

    Read More

  • Advantages And Disadvantages Of Exclusion Clause In A Contract

    1270 Words  | 6 Pages

    The terminology of the Exclusion clause in a contract is a condition, which aims to preclude one of the parties from accountability or stint the citizen's liability to exact listed terms, conditions, or circumstances. It can be inserted into a contract, which intends to keep out or restrict one's responsibility for breaking a contract or lack of due care (negligence). If somebody sells goods, and some of the products might go wrong. This failure would make him/her accountable to compensate the consumer.

    Read More

More about Pros And Cons Of The Exclusionary Rule

Open Document