Exclusionary Rule Evaluation

Topics: Police, Fourth Amendment to the United States Constitution, Law Pages: 3 (893 words) Published: March 23, 2013
Exclusionary Rule Evaluation
According to Dictionary.com (2013), the definition of the exclusionary rule is a rule that forbids the introduction of illegally obtained evidence in a criminal trial. This evaluation will cover information regarding the rationale and purpose, the costs, benefits and alternative remedies of the exclusionary rule. Rationale and Purpose of Exclusionary Rule

The exclusionary rule, a court-made rule is designed to exclude evidence obtained in violation of a criminal defendant’s 4th amendment rights (Farlex, Inc., 2013). Before this rule was formed, any evidence brought to court for trial was admissible whether it was illegally confiscated or not; it was not an issue as to how evidence was obtained (Farlex, Inc., 2013). The purpose of the exclusionary rule is to deter future unlawful police conduct and thereby effectuate the guarantee of the 4th amendment against unreasonable searches and seizures” (Phillips, 2008). Exception to the Exclusionary Rule

According the CJi interactive activity video (2012), the most classic exception to the exclusionary rule is the “good faith exception”. This means that “if a police officer believes he or she has complied in good faith with a person’s constitutional rights, the evidence can be admissible in a trial” (University of Phoenix, 2012). If the police later discover that the judge issued a search warrant that had a clerical error or some other type of error, the evidence taken from the search and seizure still remains admissible because the officer acted in good faith when the search was conducted. The woman in the video also explains that a warrant is not invalid simply based on human error (University of Phoenix, 2012). In the case of United States vs. Leon (1984), the good faith belief played a role in this matter. Once a judge discovered that the affidavit for the search warrant was insufficient, the Supreme Court Justices concluded “that evidence seized on the basis of a mistakenly...

References: Phillips, R. (2008). Law Enforcement Legal Update. Retrieved from http://www.legalupdateonline.com
The Free Dictionary by Farlex. (2013). Exclusionary Rule Definition. Retrieved from http://www.legal.-dictionary.thefree dictionary.com
United States vs. Leon. (2013). The Oyez Project at IIT. Retrieved from http://www.oyez.org/cases/1980-1989/2013/1983/82/771
University of Phoenix. (2012). Criminal Justice Video Library. Retrieved from http://www.ecampus.phoenix.edu
Zalman, M. (2011). Criminal procedure: Constitution and society (6th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Exclusionary Rule Essay
  • The Exclusionary Rule Essay
  • Exclusionary Rule Essay
  • Essay on exclusionary rule
  • Exclusionary Rule Essay
  • The Evolution of the Exclusionary Rule Essay
  • Exclusionary Rule Essay
  • Exclusionary Rule Research Paper

Become a StudyMode Member

Sign Up - It's Free