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 admissible into criminal prosecutions are not only relevant and reliable, but have not violated the fourth or fifth amendment due to misconduct. Specifically, the exclusionary rule forbids evidence obtained by violating a defendant’s constitutional ...view middle of the document...

First, the police officer must lawfully make an initial intrusion or properly be in a position to from which he can view a particular area (Gardner & Anderson, 2013, pg.253). Manning was in the locker room, which is a normal area people are in when they go to the gym. There is usually an open changing are that allowed Manning to have a clear view of Mr. Michaels. Second, an officer must discover incriminating evidence that he or she does not know in advance the evidence location and intend to seize it (Gardner & Anderson, 2013, pg.253). Despite Manning’s prior conversation with Barbara Stern and Jason Feustle, he did not know that he would see Mr. Michaels or that the shoe print would be on Mr. Michael’s towel. This proves that Manning had no prior intent to locate Mr. Michaels or seize the towel. Finally, the evidence must be immediately apparent to the police that the items observed may be evidence of a crime, contraband or subject to being seized (Gardner & Anderson, 2013, pg.253). After his conversation with Stern and Feustle, Manning was aware that a muddy gym shoe print was identified at the crime scene. When Manning saw the towel with the muddy shoe print lying in plain sight, it gave him probable cause to believe it was admissible evidence that would link Mr. Michaels...

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