Who Established The Exclusionary Rule
As a United States Supreme Court Justice it is our duty to uphold the United States Constitution. It is our responsible to interpret, and understand the meaning of the Constitution. Ultimately, it is also our responsibility to protect the citizens of the United States by upholding the law. That also means we protect them from the very same people responsible for enforcing our laws.
In the landmark case Mapp v. Ohio the United States Supreme Court ruled that any evidence obtained during an illegal search and seizure was a violation of the 4th Amendment, which protects Americans from “unreasonable search and seizures.” Because of this ruling all illegal evidence obtained is inadmissible in court. Mapp v. Ohio became a precedent for law enforcement and in a court of law. The ruling officially established the exclusionary rule. The exclusionary rule was created to protect Americans from our very own law enforcement and courts. The rule was designed to provide a response to the prosecution and police who illegally gather evidence that violates the 5th Amendment right of self-incrimination. As a Supreme Court Justice my main job is to interpret the Constitution. Because the 4th Amendment protects my right and all others from “unreasonable …show more content…
That means putting away bad guys and preventing crimes. However, there is also the right way and a wrong way to go about that. When law enforcement believes they have a suspect, the law requires they obtain a search warrant to enter a person’s home. It is their responsibility and duty to obtain that warrant by the proper means. If they fail to obtain a warrant and still proceed they are in violation of a Constitutional law. Because they have broken a Constitutional law, and me being responsible for interpreting the law, I have no other choice then to side with the exclusionary rule. No one is above the law. And as enforcers of our laws we need to and have to abide by our written
In the landmark case Mapp v. Ohio the United States Supreme Court ruled that any evidence obtained during an illegal search and seizure was a violation of the 4th Amendment, which protects Americans from “unreasonable search and seizures.” Because of this ruling all illegal evidence obtained is inadmissible in court. Mapp v. Ohio became a precedent for law enforcement and in a court of law. The ruling officially established the exclusionary rule. The exclusionary rule was created to protect Americans from our very own law enforcement and courts. The rule was designed to provide a response to the prosecution and police who illegally gather evidence that violates the 5th Amendment right of self-incrimination. As a Supreme Court Justice my main job is to interpret the Constitution. Because the 4th Amendment protects my right and all others from “unreasonable …show more content…
That means putting away bad guys and preventing crimes. However, there is also the right way and a wrong way to go about that. When law enforcement believes they have a suspect, the law requires they obtain a search warrant to enter a person’s home. It is their responsibility and duty to obtain that warrant by the proper means. If they fail to obtain a warrant and still proceed they are in violation of a Constitutional law. Because they have broken a Constitutional law, and me being responsible for interpreting the law, I have no other choice then to side with the exclusionary rule. No one is above the law. And as enforcers of our laws we need to and have to abide by our written