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The Exclusionary Rule

The Effect of the Fourth Amendment is to put the

courts of the United States and Federal officials, in the

exercise of their own power and authority, under

limitations and restraints as to the exercise of such power

and authority, and to forever secure the people, their

persons, houses, papers and effects against all

unreasonable searches and seizures under the guise of law

(Ronald 605). The Constitution does not tolerate

warrantless, therefore illegal, police searches and

seizures--unless there is probable cause. The rights which

the Fourth Amendment states were strengthened when the

Supreme Court preceded the Exclusionary Rule, and

therefore, the rights of the people were strengthened as

The Exclusionary Rule, first preceded in 1914, is

the understanding, based on Supreme Court precedent, that

incriminating information must be seized according to

constitutional specifications of due process, or it will

not be allowed as evidence (Schmalleger 273). Even the

guilty have a right to claim innocence. Hence, this right

would be worthless if incriminating evidence was allowed to

be obtained, distributed, and used illegally. Furthermore,


dinette. During that widespread and illegal search, the

offers no real protection to a person accused of a crime

avoiding payment on federal taxes. They were asked to hand

closets, dressers, rooms, the rest of the second floor,

punished. A person's "guilt" can never be decreased

all examples of the exclusionary rules protection against

of Arizona v. Evans. Mr. Isaac Evans was stopped for

crime is, to my understanding, enough the confirm the



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Approximate Word count = 2463
Approximate Pages = 10 (250 words per page double spaced)


  

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