682 Words3 Pages
In today’s society being aware of your individual rights as citizen can be critical in your experience with the law and government. Some people are not aware of their rights and in turn are not aware when they are violated. In this essay I will define the exclusionary rule, discuss how it evolved and its subsequent curtailment in light of the cases that discuss it, and what accounts for the curtailment.
The average person is not aware of the many rights they are granted as a U.S. citizen. The exclusionary rule provides that any evidence obtained by the government in violation of the fourth amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial for the purpose of proving guilt (Walsh and Hemmens, 2014: 154). Thus meaning if a search or seizure is deemed unreasonable then it was in violation of the fourth Amendment. In addition a warrant must be issued and state what is to be searched and seized. The exclusionary rule is a remedy for violations of the fourth amendment, however; it was not derived from the fourth amendment (Walsh and Hemmens, 2014:154).
Like the majority of rules in criminal law they begin with a series of cases that build upon something greater for example the exclusionary rule. The first case that was similar to the exclusionary rule was Boyd v. United States (Walsh and Hemmens, 2014:154). In this case the supreme court overturned Boyd’s conviction and the case remanded to a lower court in which all the evidence provided was excluded being that the he had been compelled to witness against himself (Walsh and Hemmens, 2014: 154). In addition to Boyd’s case there was Adams v. United States and Weeks v. United States (Walsh and Hemmens, 2014: 155). In the case of Weeks v. ...

... middle of paper ...

...ess than a clear casual connection between the illegal police action and the evidence (Walsh and Hemmens, 2014:157). In the case of United States v. Leon the Supreme Court held that evidence obtained by the police acting in good faith is admissible which came to be known as the good faith exception (Walsh and Hemmens, 2014: 158). Last of exclusionary rule exceptions is the inevitable discovery exception which permits the introduction at trial of evidence that was illegally obtained by police officers if the police can demonstrate that they would have eventually discovered the evidence by legal means (Walsh and Hemmens, 2014: 159).
In conclusion to this topic I have defined the exclusionary rule. In addition I have discussed how it evolved and its subsequent curtailment in light of the cases that discussed it. I have also discussed what accounts for the curtailment.

More about title

Open Document