Arguments Against The Exclusionary Rule

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The Fourth Amendment of the United States Constitution guarantees an individual’s protection against unlawful searches and seizures by law enforcement by providing that a search warrant with specific detailing information, based on “good faith” and probable cause, must be provided prior to investigation. By doing so, an individual may be secure that “his home is his castle” and his “person, papers, and effects” (The Constitution of the United States, Amendment 4) is protected as well. History has revealed that as our nation develops and technology progresses, clarifications and changes must be made to ensure the continued safety and protection of society while justice is able to continually prevail. The exclusionary rule and its companion,
The most common exception is when an officer is acting in good faith. Other exceptions include when a person’s rights are not violated by the search; if it can be proven that the evidence would have been predictably discovered; if the evidence was discovered by an uncontrollable chain of events; to prove a defendant committed perjury when that defendant chose to stand witness; and as evidence before a grand jury (Exclusionary Rule - Origins And Development Of The Rule,
Extending the exclusionary rule, this doctrine makes any secondary information or evidence obtained illegally (via the exclusionary rule) inadmissible in court. Therefore, if the tree is contaminated then the fruit of that tree is contaminated as well (Fruit of the Poisonous Tree Law & Legal Definition, 2001-2014). Although the Silverthorn Lumber Co. v. United States (1920) case is the commonly recognized case that adopted the Fruit of the Poisonous Tree Doctrine it wasn’t until 1939 in the Nardone v. United States case that the doctrine was first used. However, the Nardone case was a statutory right case and it the doctrine was not applied to a Fourth Amendment violation until 1963 (Wong Sun v. United States). (Fruit of the Poisonous Tree - Further Readings, 2014) Typically, the determination of whether evidence is admissible or whether it falls under the Poisonous Fruit of the Tree Doctrine, will occur before trial begins in a suppression hearing. During this hearing the trial court judge must decide whether an illegal search was committed and then decide if the evidence in question is a result of that search (Fruit of the Poisonous Tree - Further Readings,

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