Analyze the Rationale and Purpose of the Exclusionary Rule

Analyze the rationale and purpose of the exclusionary rule
The exclusionary rule is not in the Constitution because it was made by the court due to the need that presented itself. The intension was to ensure that the 4th Amendment is kept and not violated. Most people are aware of their right to privacy, and how it protects them from unwarranted searches. Nevertheless, most them do not comprehend how the Exclusionary Rule which ensures this right is guarded. The Exclusionary Rule is intended to refrain the police from misconduct. The 4th amendment right protects every citizen from illegal searches and arrests. When the police violates this 4 amendment right, the evidence they have collected will be avoided in the federal court.
There are three fundamentals of the exclusionary rule. Foremost, an illegal action by an officer of police or an agent of police. Subsequently, evidence of this action by the police and agents of police must be obtained. The last element stipulates that there must be a link between the evidence acquired and the unauthorized action. In case a link cannot be established between the evidence and the illegal action committed in the acquisition of the evidence, then by the doctrine of attenuation, the evidence falls outside the exclusionary rule.
In the event that the defense is convinced that such violation of the 4 amendment rights have been done, a motion may be filed by the defense lawyer, to suppress the evidence. Then the prosecutor will be required to prove that there was no such violation, by a preponderance of the evidence. Failure to prove the case by the prosecution will result in the case-in-chief throwing the evidence out of the case. Nonetheless, during rebuttal when witness credibility is being a...

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...e benefits to the society should be given an upper hand as compared to enforcing the rule. To ensure ultimate gain from the exclusionary rule, the balance maintained in implementing it should be inclined towards the need for a sane and sensible society. Even with the exclusionary rule, warrantless searches cannot be eradicated completely. With the Supreme Court having the right to develop exceptions, the right to privacy will be suppressed. To ensure that maximum benefit is accrued from the rule, the magistrate should not be biased at any given time. In view of the societal values and common good, the magistrate should also not be too rigid to consider to consider other variables in question. To ensure that the police do not misuse the warrant given to them, I think it will be prudent for the warrant to be specific as to what and where evidence is to be collected.