Essay On Exclusionary Rule

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Pages: 3

The exclusionary rule prevents the police offers from conducting unnecessary searches and seizures. In addition, any evidence obtained in violation of the Fourth Amendment will be inadmissible in court. The evidence found from the unnecessary searches, or forbidden searches are normally ignored as they are considered unreasonable and are considered to be fruits of the forbidden fruit. In the cases where the police have conducted the unreasonable or forbidden search for the evidence of a crime, such a case is considered to be vague, and it is not subject to judgment. The individuals associated with such a case are also not judged. A good example of the exclusionary rule is the case Mapp v. Ohio in 1961. The police officers went into Dollree’s home without a search warrant and obtained pictures that could have convicted Dolree, but the search was conducted in violation of the fourth amendment because no warrant was acquired. However, the Supreme …show more content…
According to the Bureau of Justice Statistics (2012), only 2 percent out of 1,226 cases were impacted by the exclusionary rule in the state of Montana. However, it is vitally important that the exclusionary rule is in place, because any evidence found was found admissible or relevant before the rule existed and it did not matter how the evidence was seized. At least, the people can now fight it in court and try to prove whether the search and seizure was unlawful. The Supreme Court Case Weeks v. United States was the changing point in acknowledging the conduct of unlawful searches, but only federal. Later, it affected the states such as the Mapp v. Ohio. The exclusionary rule is good have in place because it encourages police officer’s to be cautious when conducting searches (Farlex 2003). All in all, the exclusionary rule infleunces compliance with the rules regarding how the searches are