Homework Assignment Number Two - Essay Example

Unit Introduction to Law Exclusionary rule avers that, evidence secured by illegal means and in bad faith is excluded if a motion to suppress it is made. It is an exultation of constitutional rights of an individual as guaranteed in the fifth amendment, vis a vis the due process of the law. Evidence is the casualty where illegally obtained thus, if an illegal wiretap reveals the location of other evidence, both the transcript and the wiretapconversation, and the evidence to which the listeners were directed would be excluded (Oaks 2).

In the first situation where the suspect (John) is arrested and arraigned after a thorough investigationsculminating to seizing the flash drive from the library, the existence of an elaborate investigation leading to discoveries of evidence points to a legally conducted investigations, arrest, and preference of charges which points to due process. No evidence of rights violation during its acquisition; the evidence is telling and the case, for all intents and purposes watertight, thus a motion to suppress will be doomed to fail.

The exclusion rule here therefore, will concern itself with how the evidence was acquired rather than its prove for commission of crime. An illegal action by police to gain incriminating evidence is inadmissible as evidenced by Oaks (6). In the second situation, the police stop the suspect (John) for speeding, then they go ahead to seize the flash drive. Here, the evidence should be suppressed because the search is obviously illegalas it is circumstantial to the speed ticket. The evidence in the flash drive and the charges thereof would be excluded because the acquisition of it is illegal.

Evidence collected in violation of the defendant’s constitutional rights is sometimes inadmissible for prosecution in a court of law. This in effect protects citizens from illegal searches and seizures.In conclusion therefore,the exclusionary rule is addressing itself to a mischief where law enforcers would carry unreasonable searches arbitrarily in breach of laid down rules and procedures governing such actions.Work CitedOaks, Dallin. “Studying the exclusionary rule in search and seizure.

”Universityof Chicago Law Review, 37.4 (1970): 665-757. Print.