This website uses cookies to ensure you have the best experience. Learn more

Case Study: The Exclusionary Rule

1686 words - 7 pages

The Exclusionary Rule PAGE \* MERGEFORMAT 1
Running head: CASE STUDY: THE EXCLUSIONARY RULEThe Exclusionary RuleThe Exclusionary Rule by the Supreme Court of the United StatesAccording to Dempsey and Frost, (2011), although it is not part of the United States (U.S.) Constitution, the exclusionary rule is an interpretation of the Fourteenth Amendment by the U.S. Supreme Court. Simply stated, the purpose of the exclusionary rule is intended to limit or prevent police misconduct, illegal searches, and illegal seizures. It allows for evidence that is seized in violation of the U.S. Constitution to be suppressed and cannot be used in court against a defendant. The exclusionary rule is the understanding, based on U.S. Supreme Court precedent, that "incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial," (Schmalleger, 2011, p. 221).Since 1914, through a series of Supreme Court cases, the exclusionary rule evolved in U.S. law. Initially, the Supreme Court was concerned with how the police use illegal means to seize evidence in search and seizure cases, in which was in violation of the Constitution and use that evidence to get a conviction in court. By 1961, the Supreme Court "applied the exclusionary rule to state courts and law enforcement agencies, as well as federal ones," because "states had not amended their procedures to conform to the Constitution," (p. 182).Use of the Exclusionary RuleFour landmark cases are compared and contrasted in this case study to show how the exclusionary rule has developed and is used in the United States, along with the effects that the ruling decision by the Supreme Court has had on evidence obtained from police search and seizure.The first landmark case in developing the exclusionary rule was the case of Weeks v. United States (1914), in which involved only federal law enforcement agencies seizing evidence in the home of the accused without a warrant. As a result, this evidence was used in court to get a conviction, in which was based on it. The exclusionary rule provided that "any evidence seized in violation of the Fourth Amendment could not be used against a defendant in a criminal case," (Dempsey & Frost, 2011, p. 182). At the time, the exclusionary rule did not apply to state courts as stated in the Weeks case, it applied only to federal agents seizing evidence in an unconstitutional search and seizure and used in a federal court, (Dempsey & Frost, 2011). In this case, Freemont Weeks allegedly committed a federal crime by using the U.S. mail to sell lottery tickets. After his arrest, federal agents went to his home without a search warrant to conduct a search. The agents "confiscated many incriminating items of evidence, as well as some of the suspect's personal possessions, including clothes, papers, books, and even candy," (Schmalleger, 2011, p. 221).The second landmark case in developing the...

Find Another Essay On Case Study: The Exclusionary Rule

The Effects of the Exclusionary Rule

694 words - 3 pages search her property. Even after the Supreme Court’s decision on this landmark case which paved the way for the Exclusionary Rule, law enforcement officers have struggled for years regarding the interpretation of this rule while conducting investigations. There have also been additional rules and guidelines that make a somewhat clearer understanding of how law enforcement officers conduct investigations, produce evidence, and obtain information. The

The Mapp Exclusionary Rule and its Limitations

783 words - 4 pages The Mapp Exclusionary Rule Merriam-Webster defines exclusionary rule as “a legal rule that bars unlawfully obtained evidence from being used in court proceedings.” (Merriam-Webster Dictionary) The Mapp Exclusionary Rule protects citizens from unlawful search and seizure by authorities. In order to protect the privacy rights of the public, any evidence obtained for a federal criminal case must be seized in compliance with the law. Federal

Legal Evolution of the Exclusionary Rule

1901 words - 8 pages , that such poor performance resulted in illegal arrests and unjust prosecutions of innocent people. One of such cases had become a landmark and initiated the long process of reforms in regard to the Fourth Amendment and police conduct. The Supreme Court articulation of the exclusionary rule has come in Weeks v. United States case in 1914. That case has changed the Fourth Amendment and related laws forever. The defendant, Mr. Freemont Weeks was

Analyze the rationale and purpose of the exclusionary rule

868 words - 3 pages action by the police and agents of police must be obtained. The last element stipulates that there must be a link between the evidence acquired and the unauthorized action. In case a link cannot be established between the evidence and the illegal action committed in the acquisition of the evidence, then by the doctrine of attenuation, the evidence falls outside the exclusionary rule. In the event that the defense is convinced that such violation

The Exclusionary Rule: Redefining the Crminal Justice System

1294 words - 5 pages individual within the court proceeding will approach, formulate, and arguing their case based upon their theoretical perspectives, policies such as Search & Seizures/Exclusionary Rule commands equal protection within court forums. Corrections Corrections are a vital component within the criminal justices system with a primary focus of accountability after sentencing. Interesting enough is the correctional systems ability to implement more than one

The Exclusionary Rule Protects You From Illegal Search and Seizure

2494 words - 10 pages warrant. This warrant allows police to also search for the evidence they need to be used in court when the accused gives his/her testimony. The Exclusionary rule was a result of the 1914 Supreme Court case Weeks v. United States in which the Supreme court ruled: “that evidence obtained by unreasonable searches and seizures could not be used against a person in federal court” (Great American Court Cases 360). In this case, the plaintiff, Fremont

Exclusionary Rule

1365 words - 5 pages officers and other government officials from violating the constitutional rights of suspects by removing the incentive for obtaining illegally seized evidence. The rule does not apply to evidence obtained by persons not associated with or acting on behalf of government officials (Ferdico 76-77).The exclusionary was first developed in 1914 in the case of Weeks v. UnitedStates, though it was limited to a prohibition on the use of evidence illegally

Exclusionary Rule Week Two

645 words - 3 pages , 2002) however, it is a judicial decision. And in last weeks lesson we learned that anything that has been a judicially decided issue then becomes a standing law or case law. So, in other words what that means is that if a judge has decided that your due process has not been violated they may use the evidence obtained for your trial.In conclusion, I would have to say that abolishing the exclusionary rule would be allowing the government into your

Explain the rule known as "The Rule in Pinnel's Case" and how it impacted upon the doctrine of consideration

2267 words - 9 pages Synopsis: This essay examines the rule knows as The Rule in Pinnel's Case and how it impacted upon the doctrine of consideration. It also examines the problems arising from the Rule in Pinnel's Case, the subsequent exceptions that were developed to circumvent the rule and in detail the most important exception of them; Promissory estoppel and how it solved the problem's arising from the Rule. The distinction between traditional estoppel and this

The Bosman Case Study

7123 words - 28 pages The Bosman Case Study Sequence of events: JUNE 1990: Jean-Marc Bosman gets into a dispute with his Belgian Club, FC Liege. They reduce his salary by 60%. Bosman wanted to transfer for the French club Dunkerque but his current club wanted a huge transfer fee, Bosman was dropped by FC Leige. AUGUST 1990: Bosman sues for damages against FC Liege and the Belgian Football Association. NOVERBER 1990: A

Case Study of The CRA Case

1731 words - 7 pages In this case study we are going to discuss the CRA case. The CRA case is mainly about the mining company breaking/dissolving the unions and making the employees sign the individual contracts. Here we will discuss and analyse how they went about pursuing the workers to leave the unions and sign the individual contracts. Before that we will briefly look into the profile of the CRA.CRA is a major Australian mining company, it is a large employer

Similar Essays

The Exclusionary Rule Essay

941 words - 4 pages evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness. The exclusionary rule was developed in 1914 and applied to the case of Weeks v. United States, 232 U.S. 383, and was limited to a prohibition on the use of evidence illegally obtain by federal law enforcement officers. Not until 1949, in the caw of Wolf v. Colorado, 38 U.S. 25, 27-28, did the U.S

The Exclusionary Rule Essay

804 words - 4 pages To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be admissible to ensure that a defendant’s right are not violated. One of the most important rules that help protect against illegal evidence being admitted into evidence is the Exclusionary rule. This rule helps to ensure that evidence which is

20th Century Supreme Court Case: The Exclusionary Rule

1377 words - 6 pages government officials from violating the constitutional rights of suspects by removing the incentive for obtaining illegally seized evidence. The rule does not apply to evidence obtained by persons not associated with or acting on behalf of government officials (Ferdico 76-77).The Exclusionary was first developed in 1914 in the case of Weeks v. UnitedStates, though it was limited to a prohibition on the use of evidence illegally obtained by federal

America Needs The Exclusionary Rule Essay

2155 words - 9 pages its gains to be dubious; its costs overwhelming. This perception is a flawed overestimation of the results of the rule’s principles. The principle in this case is that the exclusionary rule serves to protect the rights of the accused, and is specifically designed to create an incentive for police officials to obtain evidence without violating the rights of the accused. Should it be found that the evidence obtained was done so illegally, then the