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.