Exclusionary Rule Essay

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倀鷠 is the Exclusionary Rule?
The exclusionary rule is a legal doctrine in the United States supported and affirmed by the Constitution. It holds that any evidence that was searched illegally and that violates the rights of defendants cannot sometimes be used in a criminal prosecution. The exclusionary rule was created in order to protect three amendments of the constitution, the first is the Fourth Amendment, which protects against “unreasonable searches and seizures” and requires of a warrant and probable cause for the search to occur. The second, the Fifth Amendment that guarantees that no person shall be incriminated in any case and that cannot testify against themselves, it also states that no person shall be deprived of life, liberty …show more content…

Police officers need evidence when prosecuting, arresting or accusing a person. When police officers search for evidence and sometimes the way they search is not under the acceptance of the Fourth Amendment, this becomes a problem for police officers because most of the times, evidence “illegally” obtained cannot be used against the person, even when the person appears to be guilty. Police officers need to be careful in how to obtain evidence and they need to submit to the law. The Exclusionary Rule creates a control over police because they have to follow the law and their range becomes limited when they are trying to search for evidence or any other information. They cannot perform illegal searches or seizures, the need of a warrant needs to be present, even when the evidence is obvious, this deters police officers of making a better job …show more content…

To me it means that people have guaranteed rights that are protected under a strong law, it means that a person can be safe, without the fear of an illegal search or seizure. It means that our rights matter and will be protected the best as possible. In a personal view, the Exclusionary Rule is a good thing, because as mention before, it provides the security that our rights will not be violated. The only time when the Exclusionary Rule can be contradictory is when a person is a criminal and cannot be searched because it would be a violation of rights; this backs down police officers when they are performing their job, but if a person is abiding to the law and has everything in order, the Exclusionary Rule is a good

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