StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Exclusionary Rule by the Supreme Court - Case Study Example

Cite this document
Summary
Fourth Amendment Exclusionary Rule Name: Course: Presented to: Date: Fourth Amendment Exclusionary Rule The Fourth Amendment Exclusionary Rule requires evidence obtained as a result of official lawlessness to be excluded from any case in Supreme Court. The clause aims at excluding any probative evidence as a result of illegal acquisition of such evidence (Ma, 2012)…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.4% of users find it useful
Exclusionary Rule by the Supreme Court
Read Text Preview

Extract of sample "Exclusionary Rule by the Supreme Court"

Download file to see previous pages

Therefore, the Supreme Court justifies the use of this clause on deterrent effect except on certain exceptions that the court perceives to be necessary. Therefore, the Exclusionary Rule is used by the US Supreme Court to uphold the rights of individuals against police harassment, and ensure that the police conduct has to be deliberate and lawful; otherwise the Exclusionary will deter it. In Weeks v. United States, a United States Marshal gained entry to Fremont Week’s home without any warrant, and seized books, money, papers, and other properties.

Consequently, Weeks petitioned the court claiming the return of his property, with the argument that the search of his premise was illegal as there was no warranty from the courts to legalize the search. Thus the search was in violation of the Fourth Amendment (Kaminiski, 2010). However, the district court denied Week’s petition and admitted the seized property as evidence. Weeks appealed the ruling and the Supreme Court Granted Certiorari (Kaminski, 2010). The Supreme Court on its findings ruled that if it was possible to seize letters and documents from a defendant and use such evidence against them in any offense, this challenged the supremacy of the Fourth Amendment, which protects and declares the rights of the citizens against any forced searches seizure of property.

Thus, in case a court admitted such evidence, the Fourth Amendment should be as well be stricken off the constitution. Therefore, the Supreme court in its ruling established that while it was praiseworthy for the police to prosecute and access evidence, such worthy efforts cannot be based on an act that would sacrifice and erode the gains of the great principles established by many years of suffering, and which has led them to be embodied in the Supreme law of the land. The court also mentioned the Adams vs.

New York case in reiterating that the Fourth Amendment aimed at securing the rights of the citizen and their privileges against any unlawful invasion of their sanctity of in their home by law enforcers. This ruling vindicated the police for carrying out forceful searches without proper warrants, which amounted to abuse of the police doctrine to uphold law and protect the rights of the citizens. The Police were supposed to obtain a legal warrant, and proceed to access such evidence in the most lawful way.

However in another case Mapp v Ohio the Supreme Court unlike in the first case held that the Exclusionary Rule was as well applicable to any state criminal trials. In Mapp v. Ohio 467 S.S. 643(1961), the defendant was convicted of having certain lewd books, photographs, and pictures that contravened the Ohio law. Three Cleveland police officers entered Mapp’s home, and demanded entrance by force. After demanding a search warrant that the police did not have, the police called for backup and gained access by force to Mapp’s residence (Carmen, 2010).

Similalry, after searching the residence, the police recovered the above materials, and produced them in court against Mapp. The trial court admitted the materials and convicted Mapp. However, the ruling was overruled by the Supreme Court on appeal. Thus, the court held that the Fourth Amendment on protecting the right to privacy applies to all States, through the Due Process Clause of the Fourteenth Amendment. The Supreme Court in this ruling suggested that the same rules

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Exclusionary Rule by the Supreme Court Case Study”, n.d.)
Exclusionary Rule by the Supreme Court Case Study. Retrieved from https://studentshare.org/law/1470559-exclusionary-rule-by-the-supreme-court
(Exclusionary Rule by the Supreme Court Case Study)
Exclusionary Rule by the Supreme Court Case Study. https://studentshare.org/law/1470559-exclusionary-rule-by-the-supreme-court.
“Exclusionary Rule by the Supreme Court Case Study”, n.d. https://studentshare.org/law/1470559-exclusionary-rule-by-the-supreme-court.
  • Cited: 0 times

CHECK THESE SAMPLES OF Exclusionary Rule by the Supreme Court

Supreme Court Decisions and Discussions on the Exclusionary Rule

According to the supreme court of US individuals can have a rational expectation of privacy respect to their own bodies, homes, business offices and others personal properties.... supreme court Decisions and Discussions on the Exclusionary Rule - Yarborough v.... hellip; Unrestricted search was practiced before the exclusionary rule was introduced.... The exclusionary rule was initiated from the Weeks v.... In fact Lee Epstein and Thomas Walk observe “the exclusionary rule provides yet another example of Warren Court's revolutionary treatment of the rights of the criminally accused” (Hensely and Snook, 2006, p....
12 Pages (3000 words) Research Paper

Exclusionary Rule Abolishment

Exclusionary Rule get constitutional root in 1921 as a result supreme court ruling in a case of Gouled vs United State.... t was applied in 1955 in California supreme court in a case between people V.... supreme court.... According to wikipidia online, define exclusionary rule as a legal principle in the United States, under constitutional law that holds that evidence collected or analyzed in violation of the defendant's constitutional rights is inadmissible for a criminal prosecution in a court of law. … exclusionary rule can be seen as prophylactic Rule formulated by the judiciary in order to protect a constitutional right of person....
2 Pages (500 words) Essay

Exclusionary Rule and the fruit of the Poisonous Tree

United States1 in which the United States supreme court held that illegal Such illegally obtained evidence was henceforth banned form use in Federal courts.... The exclusionary rule stems from the Fourth and Fifth Amendments in the Bill of Rights, namely, to protect citizens from unreasonable searches/seizure and self-incrimination.... The rule holds that evidence collected in violation of either of these amendments is not admissible for… Essentially the exclusionary rule is designed as a large disincentive to police/prosecutors who might illegally gather evidence. The rule first appeared with Weeks v....
12 Pages (3000 words) Essay

The Exclusionary Rule

supreme court held that illegally obtained evidence may not be used to prosecute an accused in accordance with the protection under “unreasonable searches and seizures.... rdquo; Landmark Cases supreme court.... Landmark Cases supreme court, n.... supreme court.... In the essay “The exclusionary rule” the author discusses the landmark case of Mapp v.... Debating the exclusionary rule, Part I....
1 Pages (250 words) Case Study

THE EXCLUSIONARY RULE

The application of the exclusionary rule in the United States has been defined by many leading cases decided by the supreme court.... United States (1886)1 is one of the earliest leading cases where the supreme court applied the exclusionary rule together with the Fourth Amendment.... The application of the exclusionary rule in relation to the Fourth Amendment was later on strengthened by the decision of the supreme court in the case of Weeks v United States (1914)2....
4 Pages (1000 words) Essay

Exclusionary Rule

The exclusionary rule may not be embedded in the constitution, but it is one principle that the supreme court thought would work toward protecting an individual's right as constituted in the Fourth Amendment (Maclin, 2012).... The search and seizure protocols used by law enforcement agencies may at times be guided by the exclusionary rule.... This paper shall inspect the application of the exclusionary rule, and how it affects the daily lives of both citizens and law enforcement agencies....
4 Pages (1000 words) Research Paper

Application Of The Exclusionary Rule

Such arguments have been made before the US supreme court as well as various State Supreme Courts.... Our object here is to discuss and compare three of them: one of them a US supreme court case, and the other two presented before the State Supreme Courts.... were presented before the United States supreme court for adjudication on the question whether the Fourth Amendment exclusionary rule would also be applied where there was good faith on the part of the law enforcement officers....
10 Pages (2500 words) Term Paper

The Exclusionary Rule and Two Exceptions to the Exclusionary Rule

the supreme court altered the Fourth Amendment jurisprudence when it made its decision in Weeks v.... the supreme court reversed the defendant's conviction, hence establishing the exclusionary rule.... the supreme court made the rule to become applicable to the states in Mapp v.... However, if the defendant is successful on appeal, the supreme court has decided that double jeopardy principles do not restrict the defendant's retrial since the error of the trial court did not touch on the question of innocence or guilt....
7 Pages (1750 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us