Some Notes On Exclusionary Rule

What is the exclusionary rule

                            Details on exclusionary rule

The Exclusionary rule is one of the important rules in place in our country, particularly due to the fact that it awards the citizen the right to be protected from illegal searches and seizures conducted by law authorities. This rule was declared in the Fourth Amendment, but there were no details given as to how these would be translated into concrete terms. There have been several suggestions given by the authorities as to how such rules should be enforced, but there has always been stiff opposition to all of these. This led to the Supreme Court considering the issue, and the obscurity surrounding the exclusionary rule was somewhat lessened.

What is the exclusionary rule?

The Exclusionary rule makes it clear that, any evidence that is seized by means of illegal searches is not admissible in a court of law. This rule gives the people a sense of security in their own homes, as their privacy would not be invaded by the law enforcement agencies unless they were suspect of committing a crime.

If a police officer were to conduct an illegal search and seizure, not only would he or she be prohibited from presenting any evidence obtained from such a search, but he or she would also be liable to face legal action. But, it must be noted that, in most cases, such police officers conducting illegal searches do so because of their overzealous nature, and not because they want to frame an innocent person. Therefore, in such cases, punishing such officers will deal them a huge blow, and might even result in them losing interest in their jobs. Therefore, in such situations, the officers are dealt with internally by an internal disciplinary committee.

Supreme Court

                  Exclusionary rule explained

A person whose privacy has been invaded by a law enforcement officer in the name of a search, which was illegal, will usually have a tort action available under state statutory law. The person can either pursue this course of action to ensure that the police officer does not commit such actions in the future, and to ensure that he is adequately compensated. However, as mentioned above, such police officers are subjected to internal disciplinary actions, and will not have to face legal proceedings from a court.

These are some details regarding the exclusionary rule in the country. If you have more questions on what is the exclusionary rule, you can always find answers from various online sources.

Notes On The Exclusionary Rule

What is the exclusionary rule

Evidences and the exclusionary rule

There are many rules that one has to be familiar with while practicing law. Unlike ordinary folk, these rules are the bread and butter for those who are in the profession of representing people and advising on legal issues.

Law is easy to study. Each law leads to the next and with a bit of logic one can easily pass through law school. However, the real difficulty comes in its application. Merely citing a law is not enough. How effectively you can use the points to argue your case is the true test and hallmark of a competent lawyer.

What is the exclusionary rule?

One of the most hotly contested rules is that of the exclusionary rule. This rule brought in as the Fourth Amendment and implemented throughout the country with the Fourteenth Amendment. The exact text of the rule might be confusing so here is a simple example that should convey the same.

Consider a person who is enjoying the Super Bowl on TV. Suddenly there is a knock on the window and the police come barging in and ransack his home for evidence. They find something and based on that, take the person into custody. Is there something wrong with that situation? If you think that it was unbecoming of an officer to search for evidence without producing a warrant to the same, then you are right.

Fourth Amendment

     Rule to prevent violation of privacy

A police officer’s actions are governed by a set of laws. The exclusionary rule has a role to play here. It states that no evidence may be obtained forcefully or without producing a warrant for search and seizure. This was to protect the citizen’s right to privacy, which is enshrined in the constitution of every democracy. In the above example, the police cannot use evidence used without such authorization in court or hold the same against a person to bring him into custody.

What is the exclusionary rule role when it comes to deciding cases? Judges can dismiss cases outright if they find that the primary evidence that was used to implicate a person was obtained in violation of the fourth amendment. The person can then move against the investigating agency for violating privacy and seek damages. There are however certain arguments that the investigating agency can cite to defend its position. If an officer simply happens to come across evidence rather than intentionally forcing his way to gather evidence, then such evidence may be admitted in court.

So, you see, the exclusionary rule is both a boon and a bane. Moreover, like every other tool, this too has to be handled well to be of use to the user.

Get Rid Of The Exclusionary Rule Or Not?

What is the exclusionary rule

               Exclusionary rule and illegal evidences

What is the exclusionary rule? The ‘exclusionary rule’ is a legal principle that prohibits any illegally obtained evidence from being used in a criminal trial. The main intent of designing the exclusionary rule was to protect the people’s rights. However, a major drawback of this rule that we often forget is that it allows even a criminal to walk free only because of the way in which the evidence was obtained.

For instance, if a young man is killed and the killer stores the weapon along with the items stolen from the victim at his house. However, if the police cease these evidences based on a hunch or on a tip off, without obtaining a search warrant, then according to this rule, these evidences will not be permitted for use in trial. Because of the way in which the police officers obtained the evidence, the defendant can make use of the exclusionary rule to make all the evidence non-existent. He will not be charged and will be released.

It is in such situations that the exclusionary rule becomes outrageous. Here the truth is not accepted as the truth, simply because of the means by which the evidence was obtained was not in accordance with the law. Prohibiting obvious proof of a crime in a criminal prosecution makes no sense at all, as it lets a criminal walk away without being punished.

An argument for the exclusionary rule is that the lack of a rule such as the exclusionary rule exposes citizens to illegal searches. It is not possible to protect these rights without the exclusionary rule in place. A simple solution to this problem is that individuals who violate such rights should immediately be held responsible for their actions and awarded appropriate punishments. Withholding the truth or punishing the public is not how violators should be punished. Imprisoning a few corrupt officers should be enough to deter other officers from committing similar crimes in the future.

Criminal trial

                     Exclusionary rule- pros and cons

Presently, if it can be proved that the evidence was collected illegally, the criminal walks away while at the same time the officer is suspended. If the evidence can prove that the defendant is guilty, then the criminal should be sent to jail, irrespective of whether the evidence was obtained legally or illegally. To deter people in power from violating people’s rights, the lawbreaking officers should be sent to jail as well.

Those were some aspects of both sides of the coin called the exclusionary rule. For more information on what is the exclusionary rule, its pros and cons, refer online legal resources.

Search And Seizure Laws In New York

What is the exclusionary rule

                     Aspects of the Exclusionary rule

Search and seizure is a procedure wherein the investigators are permitted to search a person, paperwork or even a property in order to acquire evidence that may be a relevant to particular crime; it also authorizes them to seize any pertinent evidence to produce the same in court. Even though it was introduced as an instrument to assist in seeking out the truth, there have been instances wherein search and seizure was conducted unreasonably and without a warrant. For this reason, the Fourth Amendment of the Federal Constitution brought with it certain rules to protect the U.S. citizens against unreasonable search and seizure.

Legitimate expectation of privacy

The New York state follows the ‘legitimate expectation of privacy’ principle. Here, the Fourth Amendment protects the U.S. citizens from illegal search and seizure that is conducted in two conditions- when the individual himself demands for his right to privacy; and second when the public acknowledges that his expectation is a reasonable one. This may of course be subjected to interpretation and therefore state courts are granted fluidity to an extent while making decisions.

What is the exclusionary rule

The exclusionary rule, passed in 1961 by the U.S. Supreme Court, is a legal principle that prohibits using any evidence in court that was obtained through illegal search and seizure. This law is applicable to all federal as well as state rulings. In New York State, investigators and police officers should have a warrant by a court judge in order to conduct a search and they are required to swear under oath to conduct all search and seizures as outlined by the law. The exclusionary rule prohibits any evidence that was obtained without a search warrant even if the evidence convicts the defendant in the crime.

Additional protection

Fourth Amendment

                     Exclusionary rule and evidences

Even though the Fourth Amendment laws provide sufficient protection against unreasonable search and seizure for all citizens of U.S., in certain types of crimes, individual States are allowed to provide extra protection measures in their bill of rights. This way, the citizens are protected from unreasonable interception of telegraph and telephone communications.

These are some aspects regarding the search and  seizure laws in New York. While fighting cases against illegal search and seizure, it is important that you understand what is the exclusionary rule and how it may be applicable in your case. For more details on this rule, check online legal resources or consult a lawyer who has experience dealing with similar cases.

How Effective Is the Enforcement Of The Fourth Amendment – The Exclusionary Rule?

What is the exclusionary rule

                Why exclusionary rule is important

Just dig a little into history and you would find that the Fourth Amendment (in whatever form it was then) had not been appreciated much for a very long time. It is quite interesting to note that evidences gathered by federal agents in violation of the same were considered admissible during those days. This meant that an investigating officer could really knock down the door and seize evidence breaking ones’ right to privacy in the process! Thank goodness for the exclusionary principle!

What is the exclusionary rule?

The main purpose of the exclusionary rule was to deter the police and federal agents from misconduct and abuse of power. With the introduction of this rule, it became possible for defendants to challenge the admissibility of evidence that were brought against them by the prosecution. The main objective of the exclusionary rule is to protect people’s right to be free from unauthorized seizures and unreasonable searches.

Enforcing the exclusionary rule

If the court finds that the investigating officer or the federal agent has committed an offense by including illegitimate evidence, or collecting evidences to cook up a case against a person, then the court has the power to initiate punitive actions against them. They will be subjected to prosecution and can be punished if found guilty.

However, rather than taking the case as a major offense, they are often handled as internal issues of the department. In addition to this, investigating officers who are found of violating a person’s Fourth Amendment rights could be sued for damages by the accused.

Fourth amendment

          Enforcing the exclusionary rule

In the absence of the exclusionary rule, investigating agencies could turn the case against a person through illegally obtained evidence, many of which may be circumstantial. If the defendant does not argue that the evidence was not obtained illegally, chances are that the court may overlook the point and proceed with the prosecution anyway. However, these charges could also be dropped if the defendant discovers this piece of information at a later stage. This means that a convicted person who may be serving time could receive a pardon and cut short his sentence if the court is convinced that the evidence was obtained without legal basis.

Still got a question as what is the exclusionary rule? You may find related topics about exclusionary rule and its various aspects on different forums and sites online. Browse online to know more on this.

Exclusionary Rule: The Debate

WWhat is the exclusionary rule

Exclusionary rule or the Fourth Amendment

Everyone needs to know what is the exclusionary rule. It is one of the most important principles of freedom and a guardian against abuse of power by investigation agencies. The rule bars any evidence that has not been gathered by following the procedures set in place to ensure that the rights of citizens would not be violated. This is also referred to as the Fourth Amendment.

History

The history of the rule goes all the way back to the English Court. An eminent jurist of the time, Lord Chief Justice Mansfield declared that there ought to be some doubt in cases of self incrimination in criminal cases where the confession could in all likelihood have been coerced out of the subject. With this view in mind, many cases of that time saw confessions that were not made in the presence of a magistrate as inadmissible. The practice was however limited as some courts did allow such evidences to be presented before them.

The U.S. Bill of Rights however, guaranteed rights to all its citizens and this included protection from undue police action. The exclusionary rule simply reiterates this assurance. However, the Fourth Amendment alone was not enough to guarantee that it applied to every court. This is because the US followed a Federal structure and because of this, not all states agreed to the exclusionary rule. It took another amendment, the fourteenth to ensure that the rule applied throughout the country.

On-going discussions

Although it has certainly been a very long time since the rule had been introduced as a law, debates have been raging as to whether the rule affected efficiency. The Pro-exclusionary rule advocates argued that the rule guarded against police incursion into an individual’s privacy. It also apparently, made sure that the investigating officers “behaved”.

Police Action

Exclusionary rule protects the Rights of citizens

Those are strong arguments. Unfortunately, the case against the role is just as strong and therein lays the problem. Anti-exclusionary rule advocates argue that the rule holds back police officers from gathering evidence from the high and mighty. So, while the rule does not protect the smaller peddlers/criminals as they do not have the means of acting swiftly, the real perpetrators would escape. Surprise after all, is an important weapon in the fight against criminals.

So you see, the nuances of the legal system are very complex. What is the exclusionary rule and other terms can be further understood by following prominent case files.

The Impact Of Exclusionary Rule On Criminal Cases

What is the Exclusionary Rule

                       Exclusionary Rule explained

Most of the criminal cases that have been tried in the courts in the recent past have been affected by the Exclusionary Rule. What is the Exclusionary Rule, anyway? Why does it have an adverse effect on some of the cases that are tried in a court of law? The answers for all these questions are given below.

What is the Exclusionary Rule?

The Exclusionary Rule exists to guard the citizens from illegal searches and seizures conducted by the police or other government agencies. With the help of this rule, the defendant can stop the prosecution from using in a litigation the evidence collected through illegal searches or seizures. The main purpose of this rule was to uphold the constitutional rights of the citizens, and to prevent the police from resorting to illegal methods to access the evidence.

There are, of course, some downsides to this rule. If the evidence collected by the police turned out to be genuine, the defendant would not be punished by the court, if the defendant was able to prove that it was collected through an illegal search.

Source of the Exclusionary Rule

The Fourth Amendment of the United States Constitution is the source of the Exclusionary Rule. The Fourth Amendment makes it clear that, protection of a person’s house, documents and personal effects is guaranteed against illegal searches and seizures. Essentially, to search the premises of a person, proper warrant is required which cannot be issued without a proper cause. If the police or any other government agency violates the Fourth Amendment, the Exclusionary Rule will come to the help of the person on whose premises the illegal search was conducted.

The “fruit of the poisonous tree” doctrine

Court of law

                      Brief note on Exclusionary Rule

The “fruit of the poisonous tree” doctrine states that all the evidence that was obtained because of evidence which was obtained as a result of an illegal search, is to be excluded from use in a courtroom. Thus, if the police manage to illegally obtain evidence by violating the Fourth Amendment, then all the evidence consequently obtained will be excluded in a court of law.

The impact of the Exclusionary Rule in the criminal cases is overwhelming. If the police managed to find discriminating evidence against the defendant, but were to disregard protocol, the prosecution would not be able to use it against the defendant based on the ground that the evidence was illegally obtained.

Different Legal Aspects Of The Fourth Amendment

What is the exclusionary rule

Exclusionary rule and Rights of                          suspect

What is the exclusionary rule? Does it have anything to do with the Fourth Amendment? These are some of the most frequently asked questions in law websites. Not many people are aware of the link between the exclusionary rule and the Fourth Amendment which protects the interests of individuals. Another legal aspect included in the Fourth Amendment is the “Right of Suspects.” This is meant to protect the interest of the defendants or the people who are brought under custody. This article will give you a brief insight into the above mentioned legal issues concerning exclusionary rule.

What is the exclusionary rule?

The Fourth Amendment of the Constitution of the United States places  great value to the privacy of the citizens and seeks to protect it. It protects the people’s interest against all unauthorized and illegal searches. The “unauthorized and illegal search” scenario can be better understood with the help of an example. Suppose a person is a suspect of a crime, such as theft. On the grounds that the particular individual is a suspect, the police officials can conduct a raid or search in the house of the so called “suspect’. The raids are permissible only with a search warrant. The search operations conducted without valid search warrants is unlawful. This is where the exclusionary rule comes into play. The contraband or any evidence seized through such a search operation is not valid under the law. The particular piece of evidence cannot be produced against the suspect in the court. Under legal terms the contraband is said to be “suppressed”.

Rights of suspect

This is another aspect of the Fourth Amendment Law that safeguards the interest of the suspects or the defendants. This is not a concession offered by the law, but is the right of every citizen. There are different scenarios that connect with the Rights of Suspects. Here are some of them.

  • Witness of the suspect- the suspect or the individual who is alleged to have involved in a crime, can never be a witness for the same. This right is applicable only when the suspect is brought under custody.

    Issues concerning exclusionary rule

    Fourth Amendment of the Constitution

  • Another important Right of Suspect is the “Right to an attorney” or the “Right to Counsel”. The suspect can avail the service of an attorney whenever he/she likes to have it.

The issues connected with the “Rights of Suspect” can be a bit complicated. In order to understand the essence of the same it requires a detailed study of the Fourth Amendment.

This article will let you know more about some of the legal aspects that come under the Fourth Ammendment.

A Brief Explanation Of The Exclusionary Rule In The US

What is the exclusionary rule, law enforcement agencies

Exclusionary rule explained

Exclusionary rule in the United States makes it clear that any evidence which was illegally obtained by the police or law enforcement agencies cannot be presented in a court of law. This rule ensures that the constitutional rights of the defendant are not violated. To know more about the exclusionary rule in the United States, read on.

What is the exclusionary rule?

Exclusionary rule is implemented in order to safeguard the constitutional rights of the defendant. If the police had to resort to illegal means in order to dig up the evidence that resulted in incriminating the defendant, then the defendant holds the right to prevent it being admitted in a court of law.

The Fifth Amendment of the exclusionary rule makes it clear that, no person can be persuaded by the law enforcement authorities in order to testify against himself. It also states that no person can be deprived of life, liberty or property without due process of law.

The exclusionary law exists to protect the citizens from illegal encroachment of law enforcement agencies in the name of gathering evidence. It is to be noted that, the exclusionary law applies to every person who lives in the United States, irrespective of his nationality.

Actions that can be taken against the police

The citizens of the state have the right to sue law enforcement agencies if they feel that the police have violated their rights in the process of gathering evidence.

What is the exclusionary rule, law enforcement agencies

what is exclusionary rule

There are of course some downsides to this law, but in most cases, it pales in consideration with the civilian rights that it manages to uphold. One downside to this rule can be illustrated as follows.

Consider a scenario wherein the police seek a warrant to search the house of a suspect drug dealer but fails to do so. If the police went on to search the premises regardless and find incriminating evidence, it will still not be admissible in a court of law. Thus, all the work that they carried out would be fruitless.

These are the relevant information regarding the exclusionary rule that exists in the United States. It is an extremely important rule and its significance lies in the fact that it was brought on to safeguard the constitutional rights of the civilians. This information are more than necessary to answer questions such as, “what is the exclusionary rule?”

The Exceptions Of The Exclusionary Rule

Probable Cause

what is the exclusionary rule impact

The Exclusionary Rule set forth by the Fourth amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures without an appropriate warrant. It is for the issuing court to find under given facts and circumstances of the case, whether the authority has established reasonable cause for issuing the warrant. The court looks into whether such reasons stated by the authority are tenable under the rule of the law. Understanding the need for such shrewdness of action needed in the preventing crimes, the Supreme Court may even dispense with warrants in certain cases of searches and seizures.

What is Probable Cause Standard?

It is for the officer to establish that the search is strictly in adherence to the established law and satisfies the reasonable or probable cause standard whereby he is in a position to establish that the rationale behind the search is not objectionable in any manner. It is for the deciding court to adjudge whether the standard of reasonable or probable cause employed is justified.

What is the exclusionary rule with reasonable suspicion?

In a ruling by the Supreme Court, the term reasonable suspicion was used to circumvent the conditions put into place by the Fourth Amendment that established the grounds for Exclusionary Rule. It implies that the officer should have exercised minimal reasonable suspicion that if he did not stop the defendant, a serious crime or offence would have been executed and this should be sufficient to constitute reasonable suspicion.

Exceptions

Probable Cause

what is the exclusionary rule condition

If any evidence searched and seized without application of reasonable suspicion or probable cause is brought to the court, exclusionary rule will render such evidence invalid. But there are instances when courts may accept such evidence as exceptions to the exclusionary rule. The evidence to qualify for this exceptional consideration should have been seized from a source which is independent of the questionable seizure and exclusionary rule applications or that the evidence in question was as second evidence that was discovered without the taint of the original evidence.

You may now have a fair idea on what is the exclusionary rule. There are many more subtle laws that govern this very important rule and students are advised to read more on the same. The courts have often pulled up investigating authorities for not complying to the restrictions imposed by the fourth amendment on search and seizure of evidences.