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Balancing 4th Amendment Rights Essay

664 words - 3 pages

This paper discusses the balance between community interests and an individual’s rights as protected under the fourth amendment to the U.S. Constitution. Specifically it discusses the Exclusionary Rule to the fourth amendment in the Supreme Court’s ruling on Mapp v. Ohio. The fourth amendment protects “the 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” (U.S. Const. amend. IV). The exclusionary ruling states ...view middle of the document...

Because of this power imbalance the police have a commensurate burden to be exacting in the manner in which they carry out their enforcement activities. The exclusionary rule provides a check against police misuse of the fourth amendment. At the same time, there is a need to ensure a proper balance between individual liberties and the ability of the police to enforce the law. This need is met by exceptions to the Exclusionary Rule: the Good Faith exception and the Inevitable Discovery exception.
The exclusionary rule does not extend the protections provided by the 4th Amendment. Rather, the exclusionary rule and the subsequent 1984 establishment of two exceptions to the Exclusionary Rule, the Good Faith and the Inevitable Discovery, refine the intent of the 4th Amendment. The Good Faith exception says that if an officer believes that the warrant being served is valid and it later is shown to be invalid, the information gathered under the warrant is admissible in Court. The Inevitable Discovery exception says that evidence gathered under a...

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