ipl-logo

Exclusionary Rule Essay Outline

1845 Words8 Pages
bulb-icon

Recommended: Support of the exclusionary rule

Crime
In May 1957 the Cuyahoga City Police Department received an anonymous tip via phone that Virgil Ogletree, a man wanted for questioning in reguards to the bombing of Don King’s home. The tip stated that Ogletree could be found, along with betting slips and gambling equipment ran by Edward Keeling who lived with his girlfriend, Dollree Mapp, at 14705 Milverton Rd (wikipeda.org, 2017).
Mapp, after calling her attorney, Mr. Greene, refused the officer’s request stating that if they didn’t have a warrant she would not let them in. At that point two of the officers left while the third watched from across the street. After some time several officers returned. The legal paperwork reported that seven officers were there. Mr. Greene, who …show more content…

(1914), but only the federal cases were affected. It didn’t touch the state courts until Mapp v Ohio (1961). It was because of Mapp v Ohio that Wolf v. Colorado (1949) was overturned.
The exclusionary rule is a safeguard for the deterrence of police participating in illegal search and seizures. The exclusionary rule states that any evidence obtained by illegal search and seizure or information derived from the evidence from an illegal search and seizure will be inadmissible in court.
Wolf v Colorado being overturned is an example of this. Police obtained Wolf’s appointment book with the information as to who Wolf’s patients were. The book is evidence obtained through an illegal search and seizure. The police then interrogated some of Wolf’s clients. The information derived from those interrogations, under the exclusionary rule as it is applied today, would have been inadmissible due to them being obtained through the use of illegally seized evidence.
Weeks v U.S. (1914) set the precedence for the exclusionary rule to be used in federal court cases. Mapp v Ohio (1961) set the precedence for the exclusionary rule to be used in state court cases. This ruling was retroactive for Wolf v. Colorado

Show More
Related
354 Words | 2 Pages

On May 23, 1957, three police officers in the city of Cleveland, Ohio knocked on the door of Dolly Mapp and held up a piece of paper that wasn’t the warrant that gave them access inside. The three officers gave Mapp very little information as to why they were there. The real reason they were there was because an anonymous phone tip stated that Virgil Ogletree, a suspect of a recent bombing, was

Read More
3094 Words | 13 Pages

Opinion: The opinion for this case was 6-3 upholding to Mapp. She used the First Amendment rights for her case during court. However, Mapps also used the Fourth Amendment to the U.S Constitution saying that because it was an unfair search and seizure. Her house was her privacy and they were unfairly trespassing. 10.

Read More
247 Words | 1 Pages

Issue: Is the warrantless seizure of evidence in plain view considered prohibited

Read More
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.

Read More
536 Words | 3 Pages

According to the Tenth Amendment of the constitution, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. There have been moments in history where Congress has implemented laws that states felt were unconstitutional. The Constitution gave states the ability to counter the federal government’s power through the Judiciary branch of government, when they feel a law is unconstitutional. The Founders of our nation gave Congress enumerated powers to pass legislation that needs to be abided by all states and citizens. At times Congress will overstep its powers by enacting laws that are unconstitutional and the states have the right to challenge those powers.

Read More
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

Read More
110 Words | 1 Pages

The exclusionary rule explain that collected evidence must not be a violation of the defendant’s constitutional rights or else it could be inadmissible in court. The four exceptions to the Exclusionary rule are the Good-Faith exception, the Plain-View Doctrine, Clerical Errors Doctrine, and the Emergency Searches of Property. The exceptions are used to protect officers if they do something in good faith or in emergency. However these exceptions are only used to protect the officers who acted in good faith. This exceptions cannot help officers if they acted with malicious intent.

Read More
584 Words | 3 Pages

The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).

Read More
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.

Read More
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
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
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.

Read More
493 Words | 2 Pages

Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.

Read More
1006 Words | 5 Pages

Use of force is the amount of force used in a given situation during police work. The police are supposed to follow the continuum when it come to using force. This continuum is known as the “Use of Force Continuum”. Despite this, use of force is still a constant problem in policing. There are many cases where a cop are sued for using more force than necessary, sometimes on purpose and sometimes by accident.

Read More
313 Words | 2 Pages

The exclusionary rule was made to protect people 's rights and ensure justice in court but there are exceptions. One exception to the exclusionary rule is inevitable discovery. The law of inevitable discovery states that even if evidence is obtained illegally, it can still be used against someone in court if the evidence was bound to be found one way or another. For example, if the police were searching for a fugitive and broke into someone 's house without a search warrant because they believed the criminal was inside the house, and find the criminal they can still arrest him because sooner or later they would of gotten a warrant to go inside the house they suspected him to be in. If the police have to go inside someone 's home to find an

Read More

More about Exclusionary Rule Essay Outline

Related Topics

Open Document