the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary rule
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Final Paper This paper examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but‚ the true meaning as well as the exceptions. There are also a number of cases mentioned throughout
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The Exclusionary Rule Abstract This paper will present the Exclusionary Rule and the original intentions for its enactment. It will discuss the importance of the rule and how it is a protection against an unlawful search and seizure and a violation of the rights provided by the Fourth Amendment. Also‚ this document will display the history of the Exclusionary Rule‚ with its first appearance in the case‚ Boyd v. United States in 1886. Weeks v. United States will show a better-established‚
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In a landmark supreme court case‚ called the united states versus weeks‚ the supreme courts created a rule to our criminal procedure called the exclusionary rule. What the exclusionary rule means is that if the police obtain evidence against you in violation of your constitutional rights‚ they cannot use that evidence against you to prove your guilt or innocence at a trial. An example of this would be police searching your home without a search warrant. If they found illegal item in your home during
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Exclusionary Rule Evaluation Dacia Shramek CJA/364 January 23‚ 2014 Jay Sizemore Exclusionary Rule Evaluation The Exclusionary Rule was designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable search and seizures by law enforcement personnel. If the search of a criminal suspect is searched unreasonable‚ the evidence obtained in the search will be excluded from trial. The Exclusionary Rule is a court
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EXCLUSIONARY RULE § 7.01 General Rule Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant. § 7.02 Exceptions to the Exclusionary Rule [A] Non-Trial Criminal Proceedings Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings‚ preliminary hearings‚ bail proceedings‚ sentencing‚ and proceedings to revoke parole. [B] Impeachment
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an attempt to find a fair balance between individual and community interests. The exclusionary rule for example‚ is a Supreme Court precedent that holds police departments responsible for seizing incriminating information according to constitutional specifications of due process‚ or the information will not be allowed as evidence in a criminal trial. The question that arises in turn‚ is whether the exclusionary rule has handcuffed the abilities to effectively protect the community by the police‚ or
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There is an Exception to the Rule There is an Exception to the Rule This memo is in relation to the California Supreme Court’s ruling in the case of Tarasoff (1976). Here is a brief history of this case. In October of 1969‚ Prosenjit Poddar murdered Tatiana Tarasoff. Prior this incident‚ he had disclosed his intentions of wanting to hurt Tatianna to his therapist Dr. Lawrence Moore‚ a Psychologist at the University of California. Although this information was made available to the campus police
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Discuss the exclusionary rule and the following three related concepts: fruit of the poisoned tree‚ inevitable discovery exception‚ and the good faith exception. The exclusionary rule has three elements. First‚ there must be an illegal action by a police officer‚ or by someone acting as an agent of the police. Second‚ there must be evidence secured. The third element states that there must be a casual connection between the illegal action and the evidence secured. “Fruit of the poisoned tree
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The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. The U.S. Supreme Court developed the rule to discourage police from violating the Fourth Amendment right to be free from unreasonable searches and seizures. A lot of police feel as when they have their badge on there able to do anything and everything which isn’t fair to the everyday citizen. Reasons of why I support this statement is the exclusionary rule is such an amazing tool to
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