Exclusionary Rule Essay

982 Words Jun 28th, 2014 4 Pages
Exclusionary Rule Evaluation
John Stepney
CJA/364
November 5, 2013
Kenneth Overwater

Abstract
The Fourth Amendment always has protected the three civil rights of liberty, property, and privacy. Under the Fourth Amendment the exclusionary rule was designed to sustain that any evidence that was obtained illegally by government officials is a violation of a defendant's constitutional rights and cannot be used against the defendant in a court of law. The reader will be informed of the rationale and purpose of the exclusionary rule and identify exceptions to the rule. It will also analyze the costs and benefits as well as alternative remedies to the exclusionary rule.

Exclusionary Rule Evaluation In the 18th
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To protect a defendant's constitutional rights there are three specific requirements for search and arrest warrants. The first requirement is a neutral judge, who should not have any connection to the case. The judge reviews the affidavit submitted by the police officer and determines if an invasion of a person's constitutional rights is warranted. Probable cause is the second requirement, which ensures that the police has enough information to support an arrest. Finally particularity is the third requirement, which provides specifics of what is to searched or who is to be arrested (University of Phoenix, 2011). Critics of the Exclusionary Rule believe it comes at a cost by deterring the effectiveness of law enforcement whereas the level of crime increases. It put limits on what police officers are allowed do to because they are aware that certain types of evidence will be excluded in court. This makes some police officers very apprehensive in performing their duties. Critics disagree with trial courts' decision of releasing a dangerous criminal back into society because of excluded evidence. They believe that regardless of how evidence is seize while police were performing their duties should be enough to incriminate the defendant. There are exceptions to the Exclusionary Rule that allows tainted evidence into a criminal trial. One exception is the theory of good faith by police officers, this allows officers to use seized evidence after

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