This paper will discuss the history and application of the exclusionary rule as it has been applied to searches. The first part of the paper will describe the Fourth Amendment protection against unreasonable searches and seizures, as well as the purpose and goals of the exclusionary rule. The second part will discuss the evolution of the exclusionary rule. The third part will examine the exceptions to the exclusionary rule.
The application of the exclusionary rule to evidence seized during searches was developed over time as a "remedy" for unreasonable searches and seizures by the government. The Fourth Amendment contains the prohibition against unreasonable searches and seizures and the exclusionary rule generally requires the exclusion from trial of any evidence seized in violation of the Fourth Amendment. The exclusionary rule has naturally been controversial in this context, since it may exclude evidence which is indispensable to the government's case in a criminal trial. Some believe that it can interfere with the "search for truth" in the criminal justice system, while others believe that it deters unconstitutional conduct by the government and balances the power of the state against the rights of the individual.
The first articulation of the exclusionary rule by the Supreme Court came in Weeks v. United States. The defendant was charged with using the mails to promote illegal gambling. The evidence used against him included letters and documents which had been seized in his house during a warrantless search. Before trial, the defendant moved for a return of this property, on the grounds that it had been illegally seized. The trial court granted the motion only with respect to the evidence that was not pertinent to the charges against the defendant. The prosecution, therefore, introduced into evidence some of the papers seized from the home. The defendant was convicted. The Supreme Court reversed, holdin...