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Essay On Exclusionary Rule

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The exclusionary rule should not apply to illegal arrest; considering, the Supreme Court has made it clear that the exclusionary rule does not apply to people arrested unlawfully; however, only evidence obtained illegally. (Hall, 2014) If the behavior of a government agency is an outrageous, shocking, and gross invasion of a defendant's constitutional rights, he or she may be free. (Hall, 2014) The Supreme Court has expanded legal luminary described as a "constitutional revolution" interpretation of "due process." The law requires United States courts to divest themselves of a jurisdiction where the defendant's presence at trial, at which the government realizes the fruits of its own deliberate and unnecessary and unreasonable invasion of lawlessness in bringing the accused's constitutional rights to a trial. (Bolstad, 1991) Therefore, the Second Circuit Court of Appeals reiterated that the Toscanino situations only apply if the …show more content…

Most exclusionary rule issues are resolved before trial by way of a motion to suppress as a result of evidence obtained from an illegal arrest must be excluded. (Hall, 2014) An unlawful detention may violate the criminal law in order to secure the conviction of a private criminal would bring terrible retribution. Police are not controlled by the exclusionary rule; more so, than their respect for the law. Pressure may be placed on police to arrest early in the investigative process. Nevertheless, the pressure to arrest is not because of the exclusionary rule; however, the governing police conduct prohibits a search without a warrant, unless the search is incident to a valid arrest. (Paulsen, 1961) The U.S Supreme Court’s ruling that courts must “allow some latitude for honest mistakes that are made by officers in the dangerous and arduous process of making arrests. (Cormier,

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Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the

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Although, the police officers had a search warrant they had it for the wrong unit which placed a family in danger and they raided the wrong unit in the first place but then raided the right one where they find the evidence but because it was found illegally the judge dismissed all of the evidence against Shakeel “Blam” Wiggins because of the Exclusionary Rule. Now the reason the evidence was dismissed was because there was no specific address on the warrant and this means that an officer cannot just search every unit in the multi-family house until they find evidence against the

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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

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The majority opinion discussed the Fourth Amendment and explains now it provides the the ability to arrest individuals without a warrant when the officers have probable cause that a suspect has committed a criminal offense. During this traffic stop, the arresting officer determined a crime had occurred. It was up to the court to determine if the officer had probable cause to arrest Pringle. Chief Justice Rehnquist determined that the arresting officers proved a crime occurred and there was probable cause to determine Pringle should be arrested. According to Chief Justice Rehnquist, when three people are in the car where drugs are located and the owner of the drugs is not clear with no one admitting possession, it is reasonable for the officers to believe that either one or all of the occupants of the vehicle committed the offense.

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custodial interrogations do not need to be recorded to satisfy the due process requirements in the United States. Moreover, there were seven police officers that testified one of which was not even part of their Department so it stands to reason that it is unlikely that seven officers would attempt to circumvent the law. However, it should be noted It is believed that there should be a remedy to the law as the recording of evidence allows for a quicker and more effective examination of the interrogations and better protect the rights of citizens. “An exclusionary rule is a drastic remedy. I believe such a drastic remedy should be applied only after a full hearing of all the policy implications and with adequate notice to law enforcement.

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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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Dunaway v. New York 442 U.S. 200 (1979), (Detention for interrogation). Terry v. Ohio, 392 U.S. 1 (1968), (reviewed the application of unreasonable seizures). References; Joe HAYES v. FLORIDA, 470 U.S. 811, 105 S. Ct. 1643, 84 L. Ed. 2d 705

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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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450 Words | 2 Pages

I don’t think officer did it right by violating the exclusionary rule, but if they believed that it was too dangerous for them, they sure did it right. I believe

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The Supreme Court in view of crime and other dangers-offers police mobility in containing crime. In response to the crime in the early 1960’s, Orlando W. Wilson states how police in order to discover and eliminate crime, they must have the authority to question suspects under “reasonable suspicion and search a suspect on reasonable ground.” Usually when a Police officer needs to hold someone in arrest or search a suspect they must have a warrant. This idea proposed by Wilson is to search or talk with a suspect without a warrant only when provided by reasoning that said suspect producing suspicious behavior. This may seem as too much power in the hands of the police but this suggestion does not justify searching anyone and everyone.

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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.

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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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904 Words | 4 Pages

The general public is okay that some criminals go free if it means police will not violate the 4th amendment. The exclusionary rule states that any evidence obtained illegally shall not be used in the court of law. It also states any evidence found because of the piece of illegal evidence is invalid. The exclusionary rule was first introduced in federal courts with the case Weeks V USA 1919. The rule did not apply to the states until 1961 in Maps V Ohio when they stated it was arrogant to have a rule that only applies to federal courts.

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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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Additionally, the source of the information is made clear and the police officer has a reasonable belief that the informant is reliable. There are several issues with conducting surveillance illegally of a property. One of the issues is any surveillance that is obtained in an unlawful manner, cannot be used in the court of law. For example, the Exclusionary rule holds that evidence illegally seized by the police cannot be used in a trial. The rule acts as control over police behavior and specifically focuses on a failure of officers to obtain warrants authorizing them either to

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