Exclusionary Rule Research Paper

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In the constitution it states that “people shall be free from unreasonable searches, however it didn’t state what action the courts should take if an unreasonable search and seizure has occurred
The Supreme courts then decided to create the Exclusionary rule in order to prevent law enforcement officers from conducting illegal search and seizures and violating citizen constitution rights. It also states that evidence that was illegally seized cannot be used as evidence; “We’re sorry" doesn't quite cut it. The courts gave as their rationale for the rule the concept of "unclean hands." ("Exclusionary rule,"). If a search is made without probable cause and evidence is found ,it will be found inadmissible by the court However the exclusionary rule does not apply in a grand jury proceeding, parole reversal hearing or a civil case.
There are three fundamentals in the exclusionary rule; 1. An illegal action by law enforcement must occur; 2. There must be evidence present to protect ;3. There must be a connection between the illegal action and the evidence found. There is also exception to the exclusionary rule. Although a situation may meet the three fundaments needed to kick start the exclusionary rule, in these exception evidence may be allowed. 1. The independent Source Doctrine, in this situation evidence is seized in two different ways, one may be legal and the other illegal; e.g. A officer enters a building without a warrant finds drugs (illegal), but later return to the location with a warrant and then gathers the evidence (legal).2.The inevitable Discovery Doctrine; this states the evidence is seized in two different ways one of which is physical; and the third exception is Good Faith. The good faith has limitations; if a police o...

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... Today, Section 1983 actions most commonly involve 1st Amendment issues like freedom of speech; 4th Amendment issues like search and seizure or use of force; 8th Amendment issues like cruel and unusual punishment; and 14th Amendment claims of due process violations.”( Collins, M. G. (n.d.))
Some benefits of the exclusionary rule are that law enforcement officers are not permitted to violate anyone, it safeguards the constitutional right to privacy. This rule deters police misconduct by preventing them from obtaining evidence illegal e.g. illegal search and seizures. Because of this rule it will force the police to follow procedure and it causes them to be responsible for their actions; (for every action there is a reaction). The exclusionary rules force law enforcement to follow the rules and do things by the book if they want to have a successful prosecution.

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