Exclusionary Rule Research Paper

Contemporary Issues Paper: The Exclusionary Rule
Jennifer Howell
November 6, 2010

The Exclusionary Rule and Its Exceptions

Introduction: The Exclusionary Rule
The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment “forbids unreasonable searches and seizures, it does not provide a mechanism for prevention or a remedy.” (Jackson, 1996) After passage of the Fourth Amendment, courts began to make laws regarding the rule against unreasonable searches and seizures. The courts designed a rule known as the Exclusionary Rule, which provided a remedy for the violation of a suspect’s Fourth Amendment privileges:
(Exclusionary Rule, n.d.) The first case that applied the exclusionary rule was the case of Weeks v. United States, 232 U.S. 393, in which the Supreme Court “held that the Fourth Amendment barred the use of evidence secured through a warrantless search.” (Exclusionary Rule, n.d.) The exclusionary rule requires an illegal action by a police officer or agent of the police, evidence secured as a result of the illegal action, and a “casual connection between the illegal action and the evidence secured.” (Evaluation, n.d.)
Exceptions to the Exclusionary Rule Since the introduction of the exclusionary rule, courts have found that it can not be enforced across the board, and have carved out a number of exceptions. These are: * The Impeachment Exception
This exception allows the Government to offer illegally-seized evidence on cross-examination of the defendant to impeach the defendant after the defendant takes the stand and perjures himself. It should be noted that the exception applies only to the testimony of the defendant, and not to any other
The courts have reasoned that illegally obtained evidence can not be used in a trial to do so would be to condone unconstitutional behavior, thereby “compromising the integrity of the jury.” (Jackson, 1996) The Fourth Amendment is a constraint on the power of the police officers, and gives the officers an incentive to control their power. The exclusionary rule has great legal implications in that it protects American citizens from officers and other State actors who have personal motivations that “may otherwise be in conflict with Fourth Amendment compliance.” (Jackson, 1996) In fact, the Supreme Court has held that the abuses that gave rise to the exclusionary rule featured intentional conduct which was patently unconstitutional. (Herring,