second? The exclusionary rule prohibits the use of illegally obtained evidence in a criminal trail. There are many exclusions to the rule‚ which brings up the question of why the rule should even be carried out in the first place. Since the exclusionary rule is not stated in the constitution alternatives and changes can be made to the rule. A controversial topic always has people on both the pro and con side. Arguments against the rule convince many citizens that the exclusionary rule has little
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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
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Police and the Rule of Law Police and the Law of Rule is a key component of the Fourth Amendment which controls law enforcement officials. The Fourth Amendment contains two parts: the reasonableness clause and the warrants clause. Each clause is independent because a search can be reasonable without a warrant‚ but if a warrant is required‚ certain steps must be taken. There are 3 requirements that must be met before a warrant can be secured. There are 6 general rules for serving warrants
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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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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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Exclusionary Rule Evaluation CJA-364 November 1‚ 2011 Exclusionary Rule Evaluation The legal principle established by the exclusionary rule is embodied in the United States of America Constitution and relates to the Fourth and Fourteenth Amendments. The Fourth Amendment protects the people by prohibiting illegal searches and seizures. The Fourteenth Amendment ensures offenders are afforded their rights to due process in a criminal trial according to the law. The exclusionary
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Essay #1 Explain the two-fold requirement discussed in Katz v. United States‚ for analyzing when a search occurs under the 4th Amendment. According to Justice Harlan concurring opinion in Criminal Procedures‚ the understanding of the 4th Amendment is that its protection is for people and not places. Therefore‚ he proceeds to give the explanation of the ‘two fold requirement’ for searches that occurs under the 4th Amendment while analyzing the Kat v. United States. “Firstly‚ did a person exhibited
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