The Exclusionary Rule

The ‘exclusionary rule’ was created to put under limitations the Federal officials and United States courts as they exercise their powers and authority. Additionally, it is in place to see that people maintain their own privacy and rights guaranteed in the Fourth Amendments. It also allows people to secure their premises, person, papers and other effects from unwarranted and unreasonable searches and seizures under the pretense of law. The United States constitution does not allow or tolerate police searches and seizures without warrants and therefore illegal searches and seizure unless there is a good reason for it. This article will argue that the provision for ‘exclusionary rule’ has deterred the police from harassing innocent citizens particularly the minorities groups and defendants too with illegal and unwarranted searches and seizures. It is also the only way to dissuade the constitutional violations of the fourth amendments.

Keywords: exclusionary rule, Supreme Court, Fourth Amendment, Searches, Seizures, Exception

Introduction

‘Exclusionary Rule’ is a principle cure for constitutional criminal procedure and also it is the most controversial. The rights were strengthened after America’s Supreme Court exercised the rule during one of their rulings and inserted the clause. The ‘exclusionary rule’ suggests that the prosecution may do without or suppress the ill-gotten gain as evidence obtained from an unlawful seizures and searches (Calabresi, 2003). ‘The Exclusionary Rule’ also allows for the defendant to dispute the admissibility of evidence by introducing a motion at the pre-trial to suppress the evidence. If by any chance the court permits production of said evidence at the trial stage and the jury find the defendant...

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...ts too with illegal and unwarranted searches and seizures. It is also the only way to dissuade the constitutional violations of the fourth amendments.

References

Boyd v. United States, 116 U.S. 616 (Supreme Court December 11, 1886).

Calabresi, G. (2003). The Exclusionary Rule. Harvard Journal of Law & Public Policy,

111-118.

Geller, W. (1975). Enforcing the Fourth Amendment: The Exclusionary Rule and Its

Alternatives. Washington University Law Quarterly, 623-722.

Jones, D. S. (1997). Application of The “Exclusionary Rule” To Bar Use Of Illegally Seized

Evidence in Civil School Disciplinary Proceedings. Journal of Urban and Contemporary

Law, 375-397.

Kamisar, Y. (1983). Does (Did) (Should) the Exclusionary Rule Rest on a 'Principled Basis'

Rather than an 'Empirical Prop