Constitutional Law
The exclusionary rule is a rule that inhibits the government from utilizing evidence that violates constitutional rights. In the United States, courts do not use evidence that is thought to have been acquired unlawfully. This means that the evidence will be termed as inadmissible during the defendants trial. The exclusionary rule was created to protect the citizens from police harassment and seizures.
The other term used to refer to the exclusionary rule is ‘legal technicality.’ This name is because it provides the defendants with rights and powers to have a say on the crime at hand and whether it was committed or not. This is in line with the Fifth Amendment that plays a significant role in protecting the defendants from double jeopardy. All people in the United States, regardless of age, gender, race, and nationality, are protected by the exclusionary rule.
The exclusionary rule is under the Fourth Amendment of the Bill of Rights. Apart from the rule protecting the citizens from unreasonable searches, it also aims to provide a solution for criminal prosecution from the law due to the illegal evidence gathered by the police, which violates the Fifth Amendment of self-incrimination (Alschuler, 2008). The exclusionary rule also protects the citizens’ Sixth Amendment right to counsel.
The exclusionary rule was created in 1914 in the Weeks v. United States case (Alschuler, 2008). During this time, the court proclaimed that a stronger version of the rule had emerged under the Fourth Amendment, which outlawed forced seizures and searches among the citizens (Daly, 2011). The primary purpose of the exclusionary rule is to prevent the government from infringing the citizen’s constitutional rights. It is important to note that the exclusionary rule does not apply to civil cases.
The exclusionary rule suppresses any form of physical evidence such as illegal drugs, weapons, or stolen goods obtained through the violation of a victim’s Fourth Amendment that prohibits unreasonable searches. There are several alternatives to the exclusionary rule (Re, 2014). An illegal search or seizure from a police officer can lead to their prosecution. However, police prosecution is rare and unheard of. Police officers who violate ones Fourth Amendment are charged in a federal court for damages.
Qualified immunity is a legal form of legal immunity with two interests; the requirement to hold police officers responsible for their mistakes and the need to protect them from any form of harassment (Re, 2014). Qualified immunity relates to the exclusionary rule where the latter protects the defendant if the police officer conducted an unreasonable search (Daly, 2011). Also, qualified immunity protects the police officers when they infringe the defender’s constitutional rights. In such a situation, the officers are safeguarded from lawsuits unless their actions are deemed illegal.
Mapp v. Ohio
In the Mapp v. Ohio case, the court extended the exclusionary rule stating that the collected evidence was acquired through the Fourth Amendment violation. The case came into the limelight in 1957, where the police searched the home of Dollree Mapp without a warrant for a bombing suspect (Daly, 2011). The police did not find the suspect but the discovered books and pictures, which had been forbidden by Ohio state law. The court found the search unlawful but went ahead to convict Mapp since it found out that the states did not uphold the exclusionary rule.
The United States v. Leon, 468 U.S. 897
In the United States v. Leon, 468 U.S. 897 case, the U.S Supreme Court stated that the exclusionary rule should be adjusted to accept any evidence that was acquired reasonably and in good faith. In Burbank, California, the police searched the homes of Armando Sanchez and Patsy Stewart in 1981 after being told that the two were drug dealers (Re, 2014). The other individuals that were found to be involved in the search were Alberto Leon and Ricardo Del Castillo (Daly, 2011). A search warrant was issued to the officers who took part in the operation. Still, it was later realized that the warrant was unenforceable since the officers involved had no probable cause for the search exercise (Daly, 2011). However, the evidence obtained from the search was upheld because the officers acted in good faith, meaning they performed exactly as per the warrant. This marked the beginning of the good-faith exception of the exclusionary rule.
Good faith does not rely on the police officers’ intention during the search, but instead, they are entitled to qualified immunity, which states clearly that the search does not go against the Fourth Amendment (Re, 2014). The other reason why the police are protected after a search is that the target people for these searches are unlikely to gain sympathy from the jury and are already considered offenders before the search is conducted.
In a situation where evidence is collected illegally, the data will be inadmissible. In this situation, the defendants fingerprints while in custody will not be used in court because the police acquired the evidence following an illegal arrest.
References
Alschuler, A.W. (2008). Studying the Exclusionary Rule: An Empirical Classic. University of Chicago Law Review.
Daly, Y. M. (2011). Judicial Oversight of Policing: Investigations, Evidence and the Exclusionary Rule. Crime, Law and Social Change, 199215. CrossRefGoogle Scholar
Re, R. (2014). The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis. Harvard Law Review.
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