Arguments Against The Exclusionary Rule

In the United States, there are many times in which police officers conduct illegal searched and seizures, in hopes of finding evidence that will get an accused a conviction. Under the Fourth Amendment, individuals have a right to be protected from such situations. In 1957, there was a case in which police received a tip from an informant in regard to a bombing and the suspect responsible for the recent bombings (Peak, K. & Everett, P., 2016). The police went to the woman's home and forced themselves in to obtain any evidence that they could find. Evidence was found at the home and the woman was later convicted. In 1961, the U.S. Supreme Court overturned the conviction because the information obtained illegally by police violated the woman's

& Everett, P., 2016). This is a rule that leads me to have mixed thoughts about it. In one aspect it is a protection from the police invading the personal privacy of one's home or belongings, and the other is that because of this rule a criminal gets to be set free. I truly feel that the exclusionary rule protects those that have had their Fourth Amendment violated. Although, in the U.S. Constitution it nowhere specifies anything having to do with the exclusionary rule. It is to my understanding that no evidence should be obtained illegally, but it is also to my understanding that there may be situations that officers encounter and use their judgment to get such evidence to help with a conviction. I also understand that no evidence as such since illegal, shall be used in a court of law. There can be so many reasons why illegal evidence cannot be

If the woman would have survived the exclusionary rule would have definitely been in her defense because her Fourth Amendment was completely violated, as well as the planting of fake evidence. If we as citizens and people of the United States have Amendments that are our rights, then why are they so often being violated so that others can benefit. This exclusionary rule in my honest opinion is needed. I may not agree with the fact that certain times an accused is set free because of illegally obtained evidence, but I feel that if the police need to work a bit better. If they can obtain their evidence legally and the court convicts an accused individual rightfully, then less criminals walk the street. However, this exclusionary rule does indeed protect the rights of people within the Fourth Amendment. In the Fourth Amendment it does not specify how it is to be enforced, therefore the exclusionary rule becomes a constitutional necessity (Peak, K. & Everett, P.,