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Arguments Against The Exclusionary Rule

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The exclusionary rule is a deterrent against searches and seizures. Any evidence that is gained through an illegal search or seizure is now inadmissible in criminal proceedings, per the exclusionary rule. Supporters of the exclusionary rule argue that it helps prevent illegal searches and seizures against law enforcement. Those against the exclusionary rule argue that the exclusionary rule keeps criminals out of jail and there are other preventative measures such as suspending police officers without pay, dismissing them from a case, or in extreme circumstances terminating employment of officers who violate the Fourth Amendment.

The Fourth Amendment of the Constitution protects all citizens from unreasonable searches and seizures from all government officials. However, the Fourth Amendment is not an assurance against all search and seizures, only those that are deemed unreasonable by the law. According to the Legal Information institute an unreasonable search is any search conducted by a law enforcement officer without a search warrant and/or “without probable cause to believe that evidence of a crime is present.” () If any evidence is found during an illegal search and seizure then the evidence is …show more content…

Through the use of financial and administrative sanctions against police officers we can better deter illegal searches and seizures. If an officer makes an illegal search and seizure there can be a set fine that they would have to pay to the courts, the fine can adjust in value to match the severity in misconduct. Officers can face being removed from the case, suspension without pay, or even termination from their job depending on the severity of the violation. These alternatives provide real and motivating consequences to police officers and would act as a better deterrent than the exclusionary

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510 Words | 3 Pages

United States v. Place, 462 U.S. 696 (1983) Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes. Facts: The respondent Raymond Place was stopped by Federal Agents (DEA) upon his arrival into LaGuardia Airport on a Friday afternoon. The respondent refused to consent to the search of his luggage. His luggage was seized by the agents under suspicion they contained narcotics. The respondent was informed the agents would be obtaining a search warrant from a judge.

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475 Words | 2 Pages

The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.

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551 Words | 3 Pages

Where there was no probable cause to arrest Hayes, no consent to go to the police station, and no prior judicial authorization for detaining him, the investigative detention at the station for fingerprinting purposes violated Hayes rights under the Fourth Amendment, as made applicable to the States by the Fourteenth Amendment. Reasoning: The police without a warrant or probable cause removed a subject from his home and transported him to the police station, where he was not free to go, although he was there briefly for questioning, In addition fingerprinted him.

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285 Words | 2 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.

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625 Words | 3 Pages

The title of Chapter 2 is "Criminal Courts, Pretrial Processes, and the Exclusionary Rule." The chapter begins with a description of the structure of the U.S. court system, which is a dual court system. A dual court system means that there are both federal- and state-level courts who operate within their own jurisdictions. The United States District Court is the trial court for the federal system.

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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.

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855 Words | 4 Pages

The Fourth Amendment, which states that without warrants or probable cause, no searches can be executed, is essentially nullified by the Patriot Act. For example, sneak and peek searches in which law enforcement agencies can search residences and offices of Americans and not inform them of the search until after it

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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

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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).

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676 Words | 3 Pages

The exclusionary rule, as applied today, states that any evidence that was found using an unconstitutional method is also unconstitutional; therefore, inadmissible in court. This is because criminal proceedings are to be fair and impartial (i.e. “reason and truth”). I agree, by allowing the exclusionary rule into proceedings, the rights of the defendants are protected. Although the defendants may be guilty, there has to be a system in which the police should also be held accountable for the way they proceed in practice. The criminal proceeding is adversarial with the ultimate goal for both sides being to let the evidence and circumstances prove the truth; therefore, the way the evidence is gather should be a critical element towards a conviction.

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169 Words | 1 Pages

The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.

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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.

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427 Words | 2 Pages

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

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1496 Words | 6 Pages

Is war really a battle fought between two nations or more? The oxford definition of war is a state of armed conflict between different nations or states or different groups within a nation or state. In relation to war, racial profiling can be seen as an undeclared war. An undeclared war is a term used for disagreement fought without an official declaration. The undeclared war between male minorities and police forces is a constant issue that is being surpassed in our society.

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752 Words | 4 Pages

In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States

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