Exclusionary Rule

Essay by schroeder64College, UndergraduateA, November 2014

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The Exclusionary Rule

Analysis on the Exclusionary Rule

Colin J. Schroeder

Southeast Missouri State University


The Exclusionary Rule

Analysis on the Exclusionary Rule

The exclusionary rule is a legal procedure in the United States, which falls under the constitution. It protects citizens of the country in making sure that law enforcement officers are operating lawfully and that they abide by all search and seizure laws. It goes so far to protect the citizens of The United States that if a law enforcement officer illegally obtains evidence it can and most likely will be thrown out of the court. The purpose of this paper is to analyze the exclusionary rule, exploring its fallacies and importance while also including the history and evolution of the controversial exclusionary rule. The exclusionary rule is a very important legal principle in the United States and is crucial to keeping law enforcement and the judicial system in a fair balance with accordance to the United States Constitution.

The exclusionary rule was never even thought about or existed until the early 20th century. Samaha (2012) states that before the exclusionary rule ever existed the only remedy for constitutional violations involving the exclusionary rule were private lawsuits. The framers of the constitution had it in their mind that judges would just handle each case as they see fitting to the nature of the situation. However this seemed not to work for quite some time as there was a police misunderstanding of the 4th and 5th amendments figuratively speaking. It wasn't until 1914 when citizens of the United States began to receive their liberty back piece by piece. In the case of Weeks v U.S., federal officials raided his house in order to obtain evidence in a gambling case...