The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. Now imagine how our system would function without the exclusionary rule. A police officer could detain‚ arrest or search an individual and his property based on bias‚ a hunch or because they just felt like it‚ without reasonable cause. If the officer discovered in criminating evidence‚ it could be freely admitted at the individual’s criminal trial. And that evidence that is found without the
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the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary rule
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Final Paper This paper examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but‚ the true meaning as well as the exceptions. There are also a number of cases mentioned throughout
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The Exclusionary Rule Abstract This paper will present the Exclusionary Rule and the original intentions for its enactment. It will discuss the importance of the rule and how it is a protection against an unlawful search and seizure and a violation of the rights provided by the Fourth Amendment. Also‚ this document will display the history of the Exclusionary Rule‚ with its first appearance in the case‚ Boyd v. United States in 1886. Weeks v. United States will show a better-established‚
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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 that search‚ they could not be used against you at trial. Now the important
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Exclusionary Rule Evaluation Dacia Shramek CJA/364 January 23‚ 2014 Jay Sizemore Exclusionary Rule Evaluation The Exclusionary Rule was designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable search and seizures by law enforcement personnel. If the search of a criminal suspect is searched unreasonable‚ the evidence obtained in the search will be excluded from trial. The Exclusionary Rule is a court
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The Fourth amendment guards against unreasonable searches and seizures‚ along with requiring any warrant to be judicially sanctioned and supported by probable cause. The interpretation and execution of the Fourth amendment in the courtroom however‚ is decided by the Supreme Court in an attempt to find a fair balance between individual and community interests. The exclusionary rule for example‚ is a Supreme Court precedent that holds police departments responsible for seizing incriminating information
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EXCLUSIONARY RULE § 7.01 General Rule Evidence gathered in violation of the Fourth Amendment is not admissible in a criminal trial against the defendant. § 7.02 Exceptions to the Exclusionary Rule [A] Non-Trial Criminal Proceedings Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings‚ preliminary hearings‚ bail proceedings‚ sentencing‚ and proceedings to revoke parole. [B] Impeachment
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The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. The U.S. Supreme Court developed the rule to discourage police from violating the Fourth Amendment right to be free from unreasonable searches and seizures. A lot of police feel as when they have their badge on there able to do anything and everything which isn’t fair to the everyday citizen. Reasons of why I support this statement is the exclusionary rule is such an amazing tool to
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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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