Legal evolution of the exclusionary rule essay

The Pragmatic argument was that alternative remedies proved not to effectively deter police misconduct. Should it be found that the evidence obtained was done so illegally, then the evidence is inadmissible in a court of law. Moreover, there is very little conclusive evidence that the exclusionary rule actually does free a significant number of otherwise guilty individuals.

Summarizing the Evolution of the Exclusionary Rule: If suppression "does not result in appreciable deterrence," the court had said, "its use When an officer is acting with objective good faith has obtained a search warrant from a judge or magistrate and acted within its scope, there is no police illegality and thus nothing to deter.

However, if an officer has probable cause to believe that a crime has been committed and there is no time to obtain a warrant, the officer may make a warrantless arrest. In Marconi the court rejected "plain touch" on the particular set of facts before it; the court announced no wholesale rejection of the doctrine.

The Fourth Amendment does not hold police officers to a higher standard when a no-knock entry results in the destruction of property. In the case of a warrant less search, the extent of the search is circumscribed by the exigencies, which justify its initiation.

An officer may search only the places where items identified in the search warrant may be found. Ohio — In Mapp, a Warrant-less search led to an arrest for the possession of obscene materials.

What are the liabilities of the Exclusionary Rule? Explain.

Under the doctrine of "fruit of the poisonous tree," the marijuana will be excluded as evidence in the case against D as it stemmed directly from an illegal search. Although the police were led to the field by information discovered during an illegal search, a court could find that discovery was inevitable, given the field's proximity to heavily used areas and the fact that the field was not well hidden.

The documents are admissible as evidence because there was an independent source for the evidence besides the illegal search. Based on this fact, there are three arguments against the ruling.

Reasonable reliance upon an otherwise invalid search warrant does not render evidence obtained during the search inadmissible. The relevant consideration is whether the search had gone beyond the area and duration defined by the terms of the warrant or a valid exception to the warrant requirements.

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The basic question is whether the search and seizure were "unreasonable" under the 4th Amendment to the Constitution applied to the states under the 14th Amendmentwhich provides: When Republicans gained control of Congress inthey immediately set their sights on the exclusionary rule.

For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view. The fact that felony drug investigations may frequently present circumstances warranting a no-knock entry, the Court said, cannot remove from the neutral scrutiny of a reviewing court the reasonableness of the police decision not to knock and announce in a particular case.

Having the Kenny rule encouraged An Garda Siochana to use valid warrants and policing tactics to arrest and peruse criminals. I must agree with Justice Hardiman, In my opinion this ruling leads to a slippery slope.

Any inadvertency requirement for "plain view" purposes were rejected in Horton v. Thus, actions taken by state or federal law enforcement officials or private persons working with law enforcement officials will be subject to the strictures of the Fourth Amendment.

Subsequently, the Supreme Court of the United States held that exclusionary rule applies to the states. Individuals also enjoy a qualified expectation of privacy in their automobiles.

Alternatives to the Exclusionary Rule

Principle of Law aside: The next day a confidential informant e-mails Officer Brady the same documents. Evidence permitted to be introduced at trial. King then placed defendant under arrest for possession of narcotics. Evidence that may be otherwise relevant and admissible but is not admitted and may not be considered in the decision-making process for some reason other than irrelevance.

Although these protections are intended to shield individuals from abuses by the government, the government also has an obligation to safeguard its citizens against criminal activity. It is also not required for a Stop and Friska limited search for weapons based on a reasonable suspicion that the subject has committed or is committing a crime.

The Supreme Court of Ohio upheld the conviction though it was based on evidence seized during an unlawful search of her home. Link to this page: Submit Thank You for Your Contribution!. The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.

rule in the legislature and suggests the possibility of the exclusionary rule becoming obso- lete. Id. at ; Phyllis T. Bookspan, Note, Reworking the Warrant Requirement: Resusci- tating the. ISSUES OF EXCLUSIONARY RULE [Pin It] You are the Chief of the District Attorney’s Investigation Team for a major metropolitan area.

You budget recently allowed you to hire 16 new investigators that will be sprinkled throughout your department. ing the Court at its word, evaluating its exclusionary rule case law on its own terms. Drawing on three different theories of deterrence-economic rational choice theory, organizational theory, and the expressive account ofpunishment-the Article analyzes.

History of the Exclusionary Rule The first whiff of the exclusionary rule emerged inwhen the U.S. Supreme Court held that a U.S. attorney had violated the defendant's Fourth Amendment rights when he ordered him to turn over private documents that could prove the defendant violated custom's laws (Boyd v.

United States). Legal Evolution of the Exclusionary Rule Essay Words 7 Pages The Constitution of the United States was designed to protect citizens' civil rights from infringement by the government and law enforcement agencies.

Legal evolution of the exclusionary rule essay
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