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Thursday, September 12, 2013

The Exclusionary Rule

The Exclusionary Rule The Exclusionary Rule The Constitution of the joined States was written to break-dance its citizens certain rights and protections. virtuoso protection is the one granted by the Fourth Amendment, which protects against unlogical assayes and seizures. This is meant to keep government officials from harassing citizens for no reason. in that respect were times when the patrol in mevery cases did appear citizens illegally and utilize the deduction to convict. Actions such as these led to the Exclusionary Rules creation by the unify States Supreme Court. Rationale and Purpose The Exclusionary Rule was intentional to exclude demonstration that was obtained in violation of defendants Fourth Amendment rights (The abandon Dictionary, 2012). The primary conception of this principle was to deter the natural law from bungle that violate defendants rights (The uninvolved Dictionary, 2012). If the police conduct a search that is unreaso nable accordingly both evidence that is obtained in the search impart be excluded from any criminal trial (The Free Dictionary, 2012). The rationale for the rule comes from the constitutional concept of limited political authority (Hall, 1992). If a search exceeds the constitutional authority of practice of law enforcement then any evidence seized cannot be retained as evidence by the court for a trial (Hall, 1992).
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This rule can be an effective way to deter the police from violating a souls rights by searching every their person or property illegally. If the police are apprised of the fact that any evidence they gather illegally will not be used in court ! it should nail them from searching without a warrant. Exceptions Exceptions to the Exclusionary Rule have developed with the umteen cases that have gone before the Supreme Court. One exclusion is known as the good faith exception and was accomplished with the case of United States v. Leon, (1984). The Court reversed the previous Leon rulings stating that evidence gathered in a search that was executed pursuant...If you fate to get a full essay, order it on our website: OrderCustomPaper.com

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