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The Principle of Exclusionary Rule

by serenityreid 1 review

The Principle of Exclusionary Rule is based on the Federal Constitutional Law

Category: Essay - Rating: G - Genres: Sci-fi - Warnings: [!] - Published: 2020-11-22 - 441 words

The Principle of Exclusionary Rule is based on the Federal Constitutional Law. The point of this law is that evidences, which were illegally seized by enforcement officers in violation of suspected persons right to be free from unreasonable seizures and searchers. According to the federal law of the USA, these evidences cannot be used against a suspected person in the criminal prosecution. Sometimes exclusionary rule is called the rule of evidence. It means that all the alleged matters of fact, if they are submitted for investigation at a trial, can be easily disproved or established.
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The exclusionary rule closely relates to the Mapp v. Ohio case. The police officers were searching for bombing suspect and evidence at Miss Mapps house. The police were arguing that they would get a search warrant. They forcedly entered the house and started the search. As a result, there have been found evidences that were introduced in the trial court. Miss Mapp was judged and convicted by the discovered materials.
Nowadays, according to the Constitution of the USA, all evidence discovered as a result of illegal search and seizure conducted violating the 4th Amendment of the USA Constitution turn out to be illegal and inadmissible in State court proceedings. Mapp v. Ohio case teaches that it is impossible for police to enter a suspects house and start searching for evidence without search warrant. Illegal actions of police have led Miss Mapp to the federal court. Finally, she was taken under arrest for possessing some forbidden materials. The situation, which happened to Miss Mapp, often occurs in trial courts. If evidence was discovered during illegal search and some seized materials break the 4th Amendment, they cannot be admissible in the trial court.
The example of exclusionary law can be an accident, when loud party made neighbors call the police. When police officers came to the definite house, people having party were all drunk. There were no reasons for police to enter the house. Being in the house, police officers have found many things that looked like those, which were stolen a few weeks ago. These people were arrested on suspicion on theft. As a whole, officers forgot to read suspects their Miranda rights. As a result, both the robbers and stolen things were thrown out of the case. However, it was illegal house research, so it was possible to apply to the exclusionary law.
To sum up, exclusionary rule forbids to use or introduce illegally obtained evidence in the criminal trial. However, in the history there were cases when exclusionary rule was broken because of circumstances, or interrupted by national courts.
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