¶ … Exclusionary Rule prevents the admission of evidence that was gathered in an unconstitutional way as specified by the Fourth Amendment of the Constitution, which covers the parameters of searches and seizures. In fact, officers of the law who conducted unlawful searches or seizures of property could be subject to prosecution under state or statutory law, and in some rare cases, may face criminal charges ("Alternatives to the Exclusionary Rule," n.d.). The exclusionary rule does sometimes constrain police behavior in criminal cases, potentially preventing the acquisition of evidence in "good faith," in the presence of "exigent circumstances," or even when probable cause can be retroactively determined ("Alternatives to the Exclusionary Rule," n.d.). Therefore, the Exclusionary Rule should not be banned; quite the contrary, it prevents abuses of power or misconduct by law enforcement. The Exclusionary Rule also ensures that criminal trials are conducted in accordance with Constitutional values and laws. Prior to the 1914 Supreme Court decision Weeks v. United States, there was no Exclusionary Rule. In Weeks v. United States, the Supreme Court ruled in favor of a defendant appealing his conviction, which was based on evidence that had been seized without a warrant...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to be known as the "exclusionary rule." Although the rule had its origins in arguments about the morality of obtaining a conviction while relying on improperly obtained evidence, its primary modern justification
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower evidentiary showing" and wiretapping more accurately seems to mirror surveillance technology, rather than single-incident searches of the premises for specific items (Fourth amendment, 2009, Wex Law). Another provision of the Patriot
An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause. A further provision holds that, if a jury has reasonable reason to believe that the evidence was obtained in violation of the Article, it should disregard the evidence obtained. The Texas Penal Code works in tandem with the exclusionary rule, in
Corruption exists within all aspects of government, and has since early civilization. While many steps have been taken to prevent such corruption in other areas of the world, the United States has recently introduced legislation that has the potential to actually increase the amount of possible corruption, particularly in reference to police officers "enforcing" the law. This paper will discuss the U.S.A. Patriot Act and its follow-up legislation, the Domestic
Use of Stingrays by Law EnforcementThe Use of StingraysStingray technology is a type of cell phone surveillance device used by law enforcement to track suspects. It works by mimicking the signal of a legitimate cell phone tower, causing all phones in the area to connect to it, allowing law enforcement to capture information such as location and call data. Once connected, they can monitor the activity of these phones, such
Exclusionary Rule The Future of the Exclusionary Rule The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the government from entering and seizing property without just cause or stripping citizens of their rights without due process (Oaks 665). These protections are encoded within the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S.
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