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.


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.