Exclusionary Rule Essay

The exclusionary influence is a legal procedure in the get together States, which f wholes under the authorship. It protects citizens of the country in making sealed that law obligatement officers atomic number 18 operating lawfully and that they abide by all search and transport laws. It goes so far to protect the citizens of The United States that if a law enforcement officer illegally obtains establish it can and most believably will be thr feature out of the court. The purpose of this paper is to psychoanalyse the exclusionary dominate, exploring its fallacies and importance while also including the history and evolution of the controversial exclusionary manage. The exclusionary regulation is a very important legal principle in the United States and is crucial to property law enforcement and the judicial system in a fair balance with accordance to the United States Constitution.The exclusionary control was never correct thought about or existed until the early 20t h century. Samaha (2012) pronounces that onward the exclusionary decree ever existed the provided remedy for constitutional infractions involving the exclusionary recipe were private lawsuits. The framers of the constitution had it in their mind that judges would just handle each causal agency as they see fitting to the nature of the situation. However this seemed not to hammer for quite or so time as in that location was a law misunderstanding of the 4th and 5th amendments figuratively speaking.It wasnt until 1914 when citizens of the United States began to cop their improperness certify piece by piece. In the effect of _Weeks v U.S.,_ national officials raided his ho employ in order to obtain evidence in a gambling grapheme against Freemont Weeks. They had no warrant and no correctly to be in his house to seize anyof his possessions. So Freemont appealed and he won, in a way. The Supreme Court feeld to give back his belongings. They did not return contraband and this order only applied to the federal law enforcement. Which is why this is the first hint of a trend towards a prominent and well known exclusionary harness.There was umteen arbitrators and organisation officials who still refused to side with Justice Edward White in the type of Freemont Weeks. For example, in the case of _People v. Defore_ Judge Cardozo mad his opinion very well-known and famous. check to Kamisar (2003) in the _People v. Defore_ case Judge Cardozo boasts his opinion very loudly and all the way stating that he would not adopt the exclusionary rule within impudent York. Kamisar (2003) thusly goes on to quote Judge Cardozo excluding illegally seized evidence was not the only effective way to enforce the Fourth Amendment. Cardozo was not the last Judge or Justice to dissent with the new trend.The coterminous case to disagree with Cardozo and many other opposing Judges would impart to be _Silverthorne woodland Co. v. U.S._ (1920). Justice Department off icers and a U.S. Marshall entered the lumber companys office and illegally obtained all of the companys documents. They then went on to make photo copies and subpoenaed the Silverthornes. When they refused to follow court orders they were taken into custody for patronage of court. Samaha (2012) differentiates that According to Justice Oliver Wendell Holmes, the governments search and seizure was an outrage. This case expanded the exclusionary rule introducing the Fruit of the Poisonous Tree Doctrine. This doctrine bans the use of evidence indirectly based on an illegal governmentaction. level off subsequently multiple court cases ruled in favor of the exclusionary many state legislatures still were not in agreement with the exclusionary rule. Some legislatures anchor ways around the fourth amendment. In the case of _Coolidge v. New Hampshire_ New Hampshires legislature was challenged on their warrant offspring practices. According to lynch (2000) New Hampshire law was very contr oversial in the manner of how warrants were issued. The warrant-issuing reason was vested in the Justice of the Peace. Now judges must issue warrants further in the past it was very prominent for Justices of the Peace to fulfill this duty.In New Hampshire they vested the Justice of the Peace within the executive branch of the government. In other words, according to Lynch (2000) the police officers had subverted the Fourth Amendment by issuing search warrants to themselves. The Supreme Court ruled that New Hampshires practices were unconstitutional because the executive branch was issuing warrants to themselves. This practice was very opposing to the head of checks and balances. This court case was a very historical one in which ruled in application with the separation of powers doctrine. It also further support the exclusionary rule.One of the biggest cases in the history of the United States and the biggest turning point for the exclusionary rule was in the case of _Mapp v. Ohi o._ In this case officers forcibly entered Miss Mapps al-Qaida without a search warrant or consent and provided a false warrant. Before this case not all states adopted the exclusionary rule. In the dissent by Harlan, Frankfurter, and Whittaker (1961) they stated that the _Weeks_ exclusionary rule should also be obligate against the states. Lafave (2009) also touches on the case quoting the courts statements All evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court. Estreicher, S. and Weick, D. P. (2010) make an extremely validand important point stressing that the exclusionary rule is constitutionally required because it was the only effective available way to enforce the constitutional guaranty. This case is so historically significant because of this ruling. Finally, nearly 50 years after the _Weeks_ case, the exclusionary rule applied to all states. fifty-fifty though the rule applied to all state s we still did not have every aspect of the rule covered. The Knock and state rule was unceasingly under controversy as to if the exclusionary rule was applicable in such(prenominal) situations. It wasnt until _Hudson v. stops_ when the courts exquisite the issue. The police had a warrant to enter _Hudsons_ home and when they knocked and announced their presence they faceed a mere three to five seconds before entering the premise. Hudson appealed stating his fourth amendment rights were violated because the officers did not follow Knock and Announce procedures. His evidence was suppressed, but later the appeal was reversed by Michigan Court of Appeals. According to Justice Scalia the waiting period of the officers had no link to the discovery of the illegal drugs and weapons.Because of this case the Knock and Announce Rule was clarified by stating that the rule did not have any interest in preventing the government from taking evidence described in a warrant. Tomkovicz (2008) believes that this case was intended to further the restrictions on the exclusionary rule. I have to agree with Tomkovicz in this statement. Gittins (2007) also makes a valid argument in concerning the argument. He Gittins states that during the dark hours residents will have a longer period of time in which they will be able to open the door. However the courts have rig that very short periods of time (five seconds) can be reasonable wait times. Courts are still in the process of clarifying the exclusionary rule although _Hudson v. Michigan_ added some amount of clarity to the issue.Lastly, and the most recent court case concerning the exclusionary rule is _Herring v. U.S._ in which a recalled arrest warrant was executedaccidently. The coffee berry County Sheriffs Department were executing a warrant in which the county shop clerk found to be accurate. Upon arrest they soon learned the warrant was recalled some five months ago. Herring moved to suppress the evidence on the moti lity that his warrant was rescinded. Josephson (2009) states that the courts generally exclude the exclusionary rule when there are remiss errors amongst recordkeeping.The court denied Herrings motion for suppression because of the Good belief Clause established in _U.S. v. Leon._ This is a significant case because of how it furthered the comment of the exclusionary rule. Josephson (2009) explains how this case interpreted the exclusionary rules main goal which is the deterrence of unconstitutional police conduct. Therefore by the police inadvertently executing what they thought to be an accurate warrant left the evidence applicable in courts.The exclusionary rule is intended to keep law enforcement and federal officials in check with the constitution. But often there is the controversial guinea pig of whether or not the framers of the constitution intended for such a rule. The framers never had any motion to include an exclusionary rule into the fourth amendment. However, Gell er (1975) makes an excellent manifestation stating that the framers didnt provide any remedies for a violation of the fourth amendment.Which brings me to my next topic of the controversy. Because the framers left no remedies for violations of the fourth amendment, the courts were left to create the exclusionary rule to deter law enforcement from violating citizens rights. Many arguethat this does not efficaciously deter officers. Geller (1975) argues that there is no significant evidence to support such claims. Geller (1975) also comments on alternatives declaring that Until data is available concerning the effect of these alternatives, it is impossible to state with any degree of certainty that these alternatives are either more effective or less effective than the exclusionary rule.The last major issue I found in Gellers (1975) journal came from a group called Americans for trenchant police force Enforcement (AELE). They seem to believe the exclusionary rule is no longer incu mbent due to the high degree of police professionalism. AELE believe police violations are unintentional and because of their high degree of professionalism they act in Good belief. Therefore petty mistakes allow evidence to be excluded and free criminals.Until there is a significant study that entails multiple well rounded solutions to the exclusionary rule I do not see any possible alternatives.The exclusionary rule was created almost one hundred years ago. The rule will touch on to be reformed and transformed as time goes on. Although there may be a substantial argument pertaining to the issue, we need the exclusionary rule. Undoubtedly the rule has an abundance of justifications compared to its fallacies. It was stated loud and clear by the framers some ii hundred years ago what rights we as American people possess. The exclusionary rule is a major backbone of the judicial system of our country, it maintains the system of checks and balances keeping the American peoples righ ts prevalent and intact.The exclusionary rule is in works order, being reformed every day to protect our civil liberty and keep the integrity of our constitution set out by our own framers.BibliographyEstreicher, S. and Weick, D. P. (2010) Opting for a legislative alternative to the FourthAmendment exclusionary rule. UMKC constabulary Review. 78, 949.Gittins, J. (2007). Excluding the exclusionary rule. Brigham Young University Law Review,2007, 451-481.Josephson, M. (2009). To exclude or not to exclude The future of the exclusionary ruleafter Herring v. United States. Creighton Law Review, 43, 175-203.Kamisar, Y. (2003). In defense of the search and seizure exclusionary rule. Harvard Journalof Law & Public Policy, 26(1), 119.Lafave, W. (2009). Recent developments The smell of Herring A critique of theSupreme Courts latest assault on the exclusionary rule. Journal of Criminal Law &Criminology, 99(3), 757-787.Lynch, T. (2000). In defense of the exclusionary rule. Harvard Journal of La w & PublicPolicy, 23(3), 711. Samaha, J. (2012). Criminal procedure (8th ed.). Belmont, CA West/Wadsworth.Tomkovicz, J. (2008). Hudson v. Michigan and the approaching of Fourth Amendment Exclusion Iowa Law Review, 93. Retrieved October 29, 2013, from http//www.law.uiowa.edu/documents/ilr/toBibliographyGeller W. ,Enforcing the Fourth Amendment The Exclusionary Rule and Its Alternatives, 1975 Wash. U. L. Q. 621 (1975).