Suspect Rights And The Exclusionary Rule

What is exclusionary rule

Learn what is exclusionary rule

The rules on the rights to privacy are enshrined in the Fourth Amendment of the United States Constitution. This amendment states the various occasions under which a security officer can or cannot search a person or investigate into his property. The right of privacy is valid to every citizen of the country regardless of his race, color, sex and occupation. A brief discussion on the topic- “What is Exclusionary rule” follows.

 

Search

Every citizen preserves the right to be secure from searches to his house and investigations into his assets. Security and investigating officers can however perform a search if they have acquired a search warrant. The search warrant gives search permission to officers if they are able to prove that he/she has committed a particular crime. The search warrant provides permissions to collect evidences that are relevant to the case only. The officer does not have the authority to verify anything other than what has been described in the warrant. However, they can take possession of an object if it appears to be the evidence of another crime. There are also certain extreme circumstances under which officers can perform a search without the need of a warrant.

Special cases

rights

Suspect rights and rules in U.S

The Fourth Amendment also states that an officer can perform a search if the suspect does not have a reason for expecting privacy. This occurs when the officers are on duty and happen to come across evidence that may be related to an offence. For example, a person who is seen with possession of drugs, weapons or other dangerous substances may be searched without the need of a search warrant. The suspect can temporarily give up the right to privacy by providing them with the consent to search. The court may dismiss the evidence if it was found that the evidence was not collected following proper procedure.

Arrest

A person who is being arrested has the right to remain silent and talk only after consulting an attorney. The officer in court can use everything that a person says while being arrested. The suspect must be questioned only after he has been read the Miranda rights. The suspect must allow the officials to take his/her body samples like urine, blood, hair or DNA if under custody only if such officials are backed by a court order.

The Exclusionary rule is a right that has been modified and changed through the years in subtle ways. More articles on “What is Exclusionary rule” will be published later.

Some Details Regarding The Exclusionary Rule

What is the exclusionary rule, suppress the evidence

Short note on Exclusionary rule

Most people are unaware of the details regarding the exclusionary rule. In this article, this rule is explained in some detail.

What is the exclusionary rule?

The origins of the exclusionary rule can be traced back to the Fourth, Fifth and Sixth amendments to the U.S. Constitution as well as several court decisions. The main aim of this rule is to protect the defendant from evidences that are gathered in violation of the Fourth Amendment’s prohibition against illegal searches and seizures. This rule is also aimed at protecting the defendant from evidences that are obtained in violation of the Fifth Amendment prohibition against self-incrimination, such as recordings of a confession gathered in violation of the federal wiretapping statute. Another function of this rule is to protect the defendant from evidences that are obtained by violating the defendant’s Sixth Amendment right to counsel.

Three elements

For the exclusionary rule to be applicable, the presence of three elements is necessary. The first element is that the police officer or an agent of the police has resorted to illegal action. Secondly, there must have been a seizure of evidence, which can include voluntary statements by the defendant in certain situations. The final element is of course that there should be a connection between the illegal actions of the police with the evidence seized.

Purpose behind the rule

The main purpose of this rule is of course to provide the citizens the upper hand in when there may be a clear case of discrimination or abuse of power. It will also help the prevention of the illegal intrusion of the police into the lives of the people.

Function of the exclusionary rule

A lawyer of the defendant can argue for the suppression of the evidence, if any that has been seized by the police and other investigating agencies through an illegal search with the help of this exclusionary rule. By using the exclusionary rule, the defendant can

What is the exclusionary rule, suppress the evidence

Short note on Exclusionary rule

also suppress the evidence illegally gathered from someone else, if that evidence tends to incriminate the suspect.

Hopefully, this article helped you in understanding the exclusionary rule much better. So, if someone was to ask you, “What is the exclusionary rule?” I am sure you would be able to come up with a satisfactory answer. Although this rule may work to the advantage of the guilty defendants, it helps in empowering the people who are the defendants in most of the cases. Moreover, there are numerous avenues for the investigating agency to explore if they want to secure evidence legally. If you need more information regarding this rule, browse through this website for further articles on the same.

Know the Facts About The Exclusionary rule

What is the exclusionary rule

Importance of Exclusionary rule

The Constitutional law of the United States has several amendments that are intended to establish  proper implementation of law and order. Out of these several amendments, there is one particular rule which calls for the public attention and debate. It’s the Exclusionary Rule. This rule can be found under the Fifth Amendment.

What is the exclusionary rule?

It states that no object may be produced in court if it is obtained illegally or without a proper search warrant. The evidence thus collected or analyzed in violation of the defendant’s constitutional rights is not taken into account for a criminal prosecution. This relates directly to the Fifth Amendment’s command that “no person shall be compelled to bear a witness against oneself” and that “no person shall be deprived of life, liberty or property without due process of law”.

What are its functions?

The Exclusionary Rule is intended to protect citizens from illegal police actions like searches and seizures.  The rule protects civilians from unauthorized search and seizure. As the Exclusionary Rule is grounded to the Fourth Amendment which states that a warrant is required to conduct a proper search. This also protects civilians from the illegally gathered evidence which is clearly a violation of the Fifth Amendment in the Bill of Rights against to self-incrimination.

Arguments in favor and against

There are people who are in favor of this rule as well as against it. While there are arguments that it is unconstitutional and stands in the way of search for truth in criminal proceedings, many consider this rule as an effective measure to deter police misconduct. They believe that this rule can put a hold on police actions that can possibly violate an individual’s constitutional rights. So people who ask what is the exclusionary rule can have different opinions depending upon their individual perspective.

Considerations

Fifth Amendment

Arguments against the Exclusionary rule

The defendends have to prove however that the evidence was obtained illegally. Furthermore, the judge can question the investigating officer on the merits of the evidence that has been presented. Sometimes, under exceptional circumstances, the judge can admit such evidences if it is clear that such evidence proves the culpability of the party.

More importantly this exclusionary rule is applicable to all individuals within the United States, irrespective of whether they are citizens, immigrants or visitors.