Exclusionary Rule Research Papers Samples For Students

The Exclusionary Rule

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment of the U.S. Constitution

The Exclusionary Rule

The United States Supreme Court has interpreted the 4th Amendment to require that law enforcement officers obtain a warrant prior to search, and that said warrant satisfy two conditions (1) probable cause, and (2) particularity. Under the Exclusionary Rule, ...

Introduction

Before this case of Mapp v. Ohio, it was inadmissible in a federal court of law to use evidence that had been obtained in violation of the 4th amendment, if federal officers had obtained that information. On the other hand, in a state court, law enforcement officers – whether federal or state - could take evidence seized in violation of the amendment and present it to the state courts. As a result, someone could be prosecuted criminally in state courts based on evidence acquired in breach of the 4th amendment. Mapp v. Ohio is a benchmark case that led to ...

The Role of Due Process and Crime Control Models on Criminal Procedure

Fourteenth Amendment
The Fourteenth Amendment states that: (1) a person who is born or naturalized in the United States is a citizen of the State in which he resides and of the United States, regardless of race, (2) no State has the right to abridge the “privileges and immunities” of any its citizens, (3) no person can be deprived of life, liberty, or property without due process of law, and (4) every person is entitled to equal protection under the laws of the United States Constitution.
Therefore, the rights granted and protected under the Bill of Rights are further ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...