The Exclusionar y Rule

By Tiffany Hollenback

Definition

This rule states that any evidence obtained by the government in violation of the Fourth Amendment which guarantee against unreasonable search and seizure in not admissible in a criminal prosecution to prove guilt.

For Example

If X is charged of an offense and has appointed a lawyer to represent X. If the police were to interrogate X without Xs lawyer present. It will then violate Xs Sixth Amendment (the right of counsel). Then the evidence that is obtained is inadmissible in a court of law.

Historical Development
The rule is of U.S. origin The rule is said to be the creation of the Supreme Court of the United States The first case involving search and seizure was decided by the Court in 1886

Continued
1914 to 1960 the federal courts admitted evidence of a federal crime if the evidence had been illegally obtained by the state officers as long as none of the evidence came from the federal officials.

Continued
This rule is used to enforce the prohibition of unreasonable search and seizure It can be seen as the primary protection of personal privacy Also is security against police arbitrariness and police brutality The assumption is that if the evidence obtained illegally is not admitted in court, police misconduct in search and seizure case will cease or be minimized

The purpose of the rule

In many cases the primary purpose of the rule is to deter police misconduct. The rule aplies to both federal and state cases. Basis for judges decision to exclude incriminating evidence from a trial where a persons accused of a crime

Continued
These were limited to cases involving coercion, violence, or brutality The right of Due Process comes under the Fifth or Fourth Amendment Courts later overruled the Wolf decision and held the fourth Amendment which required state courts to exclude unlawfully obtained evidenc

In State Courts
1949 the Court held that state courts were not required to exclude illegally obtained evidence Therefore the exclusionary rule didnt apply (Wolf v. Colorado U.S. 25 [ 1949 ] 1952, The Court modified that position still not applying the exclusionary rule but however some searches were so shocking that the required exclusion of evidence seized under the Due Process Clause

Invoking the Rule

The exclusionary rule may be invoked by the defendant at any time during the criminal process The defendant may invoke the rule even if the defendant is serving a sentence after being convicted

Remember

Evidence obtained in violations of the constitutional rights of Due Process is clearly inadmissible at present because it violates a constitutional right