Exclusionary Rule: Unlawful Search And Seizure

A court first applied the Fourth Amendment exclusionary rule in 1914, in Weeks v. United States. In that case, the court determined that because federal officials had violated the Fourth Amendment in their search of the defendant’s domicile and their seizure of his document, the document should have been returned to the defendant and not held for introduction at his criminal trial. The Court deemed the use of the unlawfully seized evidence at trial to be a disadvantageous error, and it reversed a lower court’s decision to confirm the defendant’s conviction by benefiting him. The Court had an opportunity to rethink the exclusionary rule in 1949. In 1949, the judicial system held that the right against unreasonable searches and seizures does expand to state government officials, via the Fourteenth Amendment’s Due Process Clause, contrary to the holding of Weeks. Nonetheless, the Court rejected to

The Fourth Amendment is one of the most important constitutional protections; however, several procedural issues may arise. As seen in this case, the validity of the search warrant was questioned as well as the extent of the protection afforded. A search may be illegal even if a search warrant was issued; probable cause is

• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).

The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule.

The Fourth Amendment of the U.S. Constitution provides right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. To claim violation of Fourth Amendment as the basis for suppressing a relevant evidence, the court had long required that the claimant must prove that he/she was the victim of an invasion of privacy to have a valid standing to claim protection under the Fourth Amendment.

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

The exclusionary rule is not in the Constitution because it was made by the court due to the need that presented itself. The intension was to ensure that the 4th Amendment is kept and not violated. Most people are aware of their right to privacy, and how it protects them from unwarranted searches. Nevertheless, most them do not comprehend how the Exclusionary Rule which ensures this right is guarded. The Exclusionary Rule is intended to refrain the police from misconduct. The 4th amendment right protects every citizen from illegal searches and arrests. When the police violates this 4 amendment right, the evidence they have collected will be avoided in the federal court.

The reason why the exclusionary rule exist was to eliminate evidence obtained in violation of a criminal defendant's Fourth Amendment rights. Basically stating that evidence would be admissible in court if a police officer found it in the crime scene under the correct procedures. The purpose of the Fourth Amendment is to protects people against unreasonable search and seizures by the police force. The exclusionary rule is a court made rule and not in any of the statutes. The legislative bodies did not created it, but rather by the United States Supreme Court. The Exclusionary Rule also affects in federal courts with the advantage of the Fourth Amendment. Police misconduct plays a key role in the exclusionary rule and if there wasn’t misconduct within our police department, the rule would not exist today. It is the responsibility of law enforcement agencies to obtain a warrant, not the responsibility of the citizen. With the exclusionary rule in effect in all fifty states of the United States, a citizen who is convicted of a crime has the possibility of won’t be convicted because of obtaining evidence without a warrant or police tampering with evidence. Going through the procedures of having probable cause or obtaining warrants to search an individual or place is the government's responsibility. The exclusionary rule is used to give individuals

“The purpose of the exclusionary rule is not to redress the injury to the privacy of the search victim . . . . Instead, the rule's prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures” (Estreicher & Weick, 2010, p. 4). They are saying is that the need for the rule is to deter illegal techniques that police use to obtain evidence, not to simply give more rights to the defendant. As Estreicher and Weick pointed out, “all of the cases since Wolf requiring the exclusion of illegal evidence have been base on the necessity for an effective deterrent to illegal police action” (Estreicher & Weick, 2010, p. 4). So instead of looking at the exclusionary rule as the end-all-right that citizens are

The Fourth Amendment allows citizens of the United States to be protected from illegal search and seizures by over-zealous police officers. Specifically, it reads as follows:

The Fourth Amendment is one of the amendments in the Bill of Rights that protect the criminally accused. The Fourth Amendment states that a person cannot undergo unwarranted search and seizures. This means that a person's house, their items, and their own self, cannot be searched by the police unless there is a clear reason to do so granted by a warrant. This protects the citizen's privacy, however, it could allow criminals to destroy evidence before a warrant is produced.

Many constitutions all over the world provide basis for innocence until proven guilty. As such, the courts of law must always factor in the provisions of criminal procedure and natural justice when cross-examining offenders. In light of this, the exclusionary rule allows a defendant to argue his case if his privacy rights were violated before arraigned in court. In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIA from gathering evidence from an individual in a manner that disrespects the United States constitution. Therefore, the exclusionary law protects an individual against unreasonable search or seizure in line with the provisions of the Fourth

The exclusionary rule, handed down by the Supreme Court in 1914, is a “court-made constitutional requirement” regarding evidence obtained during search and seizure (Walker & Hemmens, 2010, p. 89). Since it is not specified in the fourth amendment, the court used the exclusionary rule to allow or exclude evidence according to the rules covering search and seizure. The case that initially brought forth the exclusionary rule was Weeks v. United States. In this case in 1914, police entered the house of Fremont Weeks twice in the same day, once by using a key they found on the property and another time

The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.

When conducting possible searches and seizers, the Fourth Amendment is made to protect unreasonable conduct. Due to