The Exclusionary Under The Fourth Amendment
Yes, I believe the exclusionary rule is required under the Fourth Amendment.
“In all cases, the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated, then any resulting search is violative of the Fourth Amendment, and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall, 2014, p. 411)
The Fourth Amendment, or the Bill of Rights for that matter, is only applicable to the government and not private citizens. The exclusionary rule would not have any merits if a private citizen went into someone’s home and found evidence of a crime while searching it so long as the private
“In all cases, the search must be conducted when there is probable cause. If an officer fails to execute a warrant before probable cause has dissipated, then any resulting search is violative of the Fourth Amendment, and the fruits thereof are subject to the exclusionary rule. This is true even if the search is conducted within the period of time set by law” (Hall, 2014, p. 411)
The Fourth Amendment, or the Bill of Rights for that matter, is only applicable to the government and not private citizens. The exclusionary rule would not have any merits if a private citizen went into someone’s home and found evidence of a crime while searching it so long as the private