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.