The Exclusionary Rule Protects You From Illegal Search and Seizure Essay

The Exclusionary Rule Protects You From Illegal Search and Seizure Essay

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One controversial aspect of the Fourth Amendment is of how courts should seize evidence obtained illegally. The rights guaranteed by the Fourth Amendment in the Bill of Rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, it does not explain clearly what an unreasonable search or seizure is and in what cases a police officer should take caution when searching or seizing a suspect. As cases arose in which defendants brought these questions into court, the Supreme Court decided it would need to establish rules which the federal government would implement so that the government doesn’t abuse/overlook the people’s rights in due process. The controversial issue from the Fourth Amendment, which some may regard as implied, but others may regard having a broader meaning, comes from the Exclusionary rule. The Exclusionary Rule was created by the Supreme Court and says that “evidence obtained in violation of the Fourth Amendment’s protection against unreasonable search and seizure could not be used against a person in federal court” (Great American Court Cases 360). The Exclusionary rule is considered just because it protects the people’s constitutional rights from being violated and provides a check on the power of law enforcement and state courts.

Early in British history, the establishment of the Magna Carta gave its citizens basic human rights such as the right to a fair trial by jury in circumstances of accused misdemeanor. However, this document allowed “general warrant[s which gave consent to arrest accused criminals but did not have limitations on their search or seizure and that] did not expire until t...

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...g v. United States , 555 U.S. ___ (2014)
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(last visited Thursday, November 19, 2014).

- - -. "United States v. Leon (1984)." The Oyez Project. Ed. Jerry Goldman. N.p., 2014. Web. 18 Nov. 2014.

The Oyez Project, United States v. Leon , 468 U.S. 897 (1984) Web. 18 Nov. 2014.

Herring v. United States. 555 U.S. ___. Eleventh Circuit Court. 2014. Justia: US
Supreme Court Center. Justia & Oyez & Forms WorkFlow, 14 Jan. 2014. Web. 18 Nov. 2014.

United States Congress. Center for Civic Education. "Virginia Declaration of
Rights." We the People. By George Mason. Ed. Duane E. Smith. Calabasas:
Center for Civic Education, 1995. 221-222. Print.

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