preview

The Mapp Exclusionary Rule and its Limitations

Satisfactory Essays
The Mapp Exclusionary Rule
Merriam-Webster defines exclusionary rule as “a legal rule that bars unlawfully obtained evidence from being used in court proceedings.” (Merriam-Webster Dictionary)
The Mapp Exclusionary Rule protects citizens from unlawful search and seizure by authorities. In order to protect the privacy rights of the public, any evidence obtained for a federal criminal case must be seized in compliance with the law. Federal authorities must have probable cause or reasoning to order a search warrant from a judge, who must then agree with the allegation from the legal authority and issue the warrant. All evidence seized must follow direction from the warrant.
If there is any evidence that has been collected before a warrant was issued or without a warrant, it may be subject to being dismissed from court proceedings. This is to ensure that citizens have the privacy rights that are guaranteed to them per the Constitution; no authorities can just look into a persons’ personal property or seize any property without reasonable cause.

When the Mapp Exclusionary Rule should be applied
A great example of when the exclusionary rule should be applied is in the Herring v. United States case. In this particular case, the suspect was arrested after sheriff deputies searched another county’s database for a warrant on Herring. When a warrant in an adjacent county was found, Herring was arrested and searched, revealing a gun and methamphetamine found in his vehicle. Turns out that the warrant was no longer valid and the database from the other county had not been updated. The seized evidence applies under the Mapp Exclusionary Rule, as the offender should have not been arrested, the evidence should have never been found. (Amar, 20...

... middle of paper ...

...No-Knock” warrant. (Cornell University Law School)

Works Cited

Amar, V. D. (2008, 8 29). FindLaw. Retrieved 4 24, 2014, from FindLaw: writ.news.findlaw.com/amar/20080829.html
Cornell University Law School. (n.d.). Cornell University Law School. Retrieved 4 24, 2014, from Cornell University Law School: http://www.law.cornell.edu/wex/knock-and-announce_rule
Ex-Cop Law Student. (2013, 5 5). Ex-Cop Law Student. Retrieved 4 24, 2014, from Ex-Cop Law Student: http://excoplawstudent.wordpress.com/2013/05/05/the-common-law-right-to-resist-at-least-according-to-contitution-org/
Housh v. People, 75 111. 491.
Ingram, J. L. (2009). Criminal Procedure: Theory and Practice. Upper Saddle River: Pearson Education, Inc.
Merriam-Webster Dictionary. (n.d.). Merriam-Webster Dictionary. Retrieved 4 23, 2014, from Merriam-Webster Dictionary: i.word.com/idictionary/exclusionary%20rule
Get Access