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.
- 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.Google+