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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Basically the Exclusionary rule as set forth by the US Supreme Court states that any evidence obtained by police through search and seizure‚ arrest‚ interrogations and stop and frisk situations or any other evidence despite its relevance can be excluded as evidence. The Weeks v. United States was basically the origin of the Exclusionary Rule in 1914. In Weeks v United States Mrs‚ Weeks was arrested for shoplifting and attempted to get a note to her husband about this. Law enforcement went to the
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Exclusionary Rule Evaluation Criminal Procedure/CJA 364 University of Phoenix Exclusionary Rule Evaluation The exclusionary rule is an important doctrine supporting the ideals of the Fourth Amendment of the United States Constitution. The Fourth Amendment provides people under the jurisdiction of the American criminal justice system protections from unreasonable searches and seizures. The amendment also delineates the methods members of the criminal justice system may obtain information
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The Evolution of the Exclusionary Rule A Historical Analysis And How It Stand Today April Herald Criminal Justice Abstract From historical analysis‚ this work highlights key cases that have influenced the evolution of the Exclusionary rule and where it stands today. The purpose of this paper is to inform people of the importance of our constitutional rights‚ especially the fourth amendment when concerning a criminal prosecution. The exclusionary rule is set in place to ensure justice be
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Running Head: THE EXLUSIONARY RULE 1 The Exclusionary Rule Analysis on the Exclusionary Rule Colin J. Schroeder Southeast Missouri State University THE EXCLUSIONARY RULE 2 The Exclusionary Rule Analysis on the Exclusionary Rule The exclusionary rule is a legal procedure in the United States‚ which falls under the constitution. It protects citizens of the country in making sure that law enforcement officers are operating lawfully and that they abide by all search and seizure laws. It goes
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Exclusionary Rule Analysis The Fourth Amendment to the U.S. Constitution states that “[t]he right of people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no warrants shall issue‚ but upon probable cause supported by oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized” (U.S. Const. amend. IV). When the Fourth Amendment rights of citizens are violated‚
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Exclusionary Rule Evaluation CJA-364 November 1‚ 2011 Exclusionary Rule Evaluation The legal principle established by the exclusionary rule is embodied in the United States of America Constitution and relates to the Fourth and Fourteenth Amendments. The Fourth Amendment protects the people by prohibiting illegal searches and seizures. The Fourteenth Amendment ensures offenders are afforded their rights to due process in a criminal trial according to the law. The exclusionary
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The ideology of the Exclusionary Rule goes back as far as before Untied States gained its own independence. The Exclusionary Rule states that evidence obtained in a violation of the Constitution cannot be used in a criminal trial to prove guilt. Although this rule is not stated in the Constitution‚ it was established off of the rulings of the Supreme Court. The grey area of the Exclusionary Rule can be found here for that reason. Since the rule was set up based off the jurisprudence of the Supreme
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The most famous case in U.S. history is the Terry v. Ohio . The Terry v. Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find‚ not acknowledging the rights of the people. The courts decision was 8-1‚ meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were
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Strayer University Terry v Ohio LEG 420 Lisa Silva In this case John Terry was seen by an officer‚ seeming to be casing a store for a robbery. “The Petitioner‚ John W. Terry was stopped and searched by an officer after the officer observed the Petitioner seemingly casing a store for a potential robbery. The officer approached the Petitioner for questioning and decided to search him first.” The officer finally decided to approach the men for questioning‚ after observing them for quite a long
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