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.
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?”Google+