exclusionary rule

Topics: Fourth Amendment to the United States Constitution, Law, Search and seizure Pages: 3 (833 words) Published: November 20, 2013
Criminal Procedure
Michele Lira
CJA/364
November 18, 2013
Christopher Bragg

1 Exclusionary Rule Evaluation
The purpose of the exclusionary rule is to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. It is also a right to be free from unreasonable searches and seizures by the Fourth Amendment. Some exceptions of the exclusionary rule is barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. Some other exceptions to the exclusionary rule are: (1) a second, unpoisoned/untainted source had a major rule in finding the evidence, (2) the evidence would have been discovered anyways without the tainted evidence, (3) evidence may be used for impeaching a witness on cross examination, (4) a witness’s identification of the defendant is not excluded if the witness could identify the defendant before an illegal arrest (witness recognizes the defendant from the crime, not from the line up), (5) the rule does not apply to evidence presented in grand jury proceedings, and (6) state agents acted under a good faith belief that they were complying with the Fourth Amendment.

The courts have appeared to agree that there is no rationale for the exclusionary rule other than the deterrence of future Fourth Amendment violations. There are four dissenters that appear to revive the other rationale for the exclusionary rule that the exclusion preserves the integrity of the judiciary by avoiding complicity in the constitutional violation. There is also a rationale emphasizing “judicial integrity” as a reason to reject the unconstitutional evidence.

Its purpose is to deter- to compel respect for the constitutional guaranty in the only effectively available way- by removing the incentive to disregard it. The purpose of the exclusionary rule is to deter law...

References: www.Constitutionaldaily.com/index.php?option=com_content&id=752:criminal-procedure-exclusionary-rule-exceptions
www.uchicagolaw.typepad.com/faculty/2009/01/herring-and-the-exclusionary-rule-html
www.caselaw_lp.findlaw.com/data/comstitution/amendment04/06.html/
www.ncjrs.gov/App/publications/abstract.aspx?ID=94315
www.georgetownlawjournal.org/files/pdf/99-4/Kerr.PDF
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