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 letter

. . .
ence. The deterrent effect must be measured on an institution, rather than on an individual officer. The main requirement for the exercise of the exclusionary rule is that the search or the warrant authorizing the search be in violation of the Fourth Amendment. A search can violate the Fourth Amendment if the information presented in the warrant does not establish probable cause, or if the search method violated the Fourth Amendment. Because of its nature, the Fouth Amendment is invoked by criminal defendants whenever evidence is seized in a questionable manner. Filing motions to suppress the evidence, defendants force courts to determine whether there has been a violation of the Fourth Amendment. As a result, Fourth Amendment issues have frequently been litigated and the law in this area has been constantly reviewed and refined. One doctrine which has developed under the Fourth Amendment is that of "fruit of the poisonous tree." Under this doctrine, evidence which is derived from unconstitutional conduct is inadmissible at trial. Thus, if a search exceeds the legitimate scope of a search incident to arrest and contraband is discovered during a search of the defendant's home, that contraband can be excluded from th
. . .

Some common words found in the essay are:
Fourth Amendment, Supreme Court, Fourteenth Amendments', Weeks United, Fourteenth Amendment, exclusionary rule, fourth amendment, Fouth Amendment, Court Weeks, Exclusionary Rule, Law Review, illegally obtained evidence, illegally obtained, obtained evidence, unreasonable searches, United Eaton, unreasonable searches seizures, searches seizures, fourth amendment protection, amendment protection, supreme court, protection unreasonable, protection unreasonable searches, evidence excluded, obtained evidence impeach,
Approximate Word count = 2318
Approximate Pages = 9 (250 words per page)

More Essays on Exclusionary Rule