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Exclusionary Rule Analysis

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Exclusionary Rule Analysis
Running Head: THE EXLUSIONARY RULE 1

The Exclusionary Rule

Analysis on the Exclusionary Rule

Colin J. Schroeder

Southeast Missouri State University

THE EXCLUSIONARY RULE 2

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 …show more content…
Some legislatures found ways around the fourth amendment. In the case of _Coolidge v. New Hampshire_ New Hampshire 's legislature was challenged on their warrant issuing practices. According to Lynch (2000) New Hampshire law was very controversial in the manner of how warrants were issued. The warrant-issuing power was vested in the Justice of the Peace. Now judges must issue warrants; but in the past it was very prominent for Justices of the Peace to fulfill this duty. In New Hampshire they vested the Justice of the Peace within the executive branch of the government. In other words, according to Lynch (2000) the "police officers had subverted the Fourth Amendment by issuing search warrants to themselves". The Supreme Court ruled that New Hampshire 's practices were unconstitutional because the executive branch was issuing warrants to themselves. This practice was very opposing to the idea of checks and balances. This court case was a very historical one in which ruled in application with the separation of powers doctrine. It also further supported the exclusionary …show more content…
They seem to believe the exclusionary rule is no longer necessary due to the high degree of police professionalism. AELE believe police violations are unintentional and because of their high degree of professionalism they act in "Good Faith". Therefore petty mistakes allow evidence to be excluded and free criminals.

Until there is a significant study that entails multiple well rounded solutions to the exclusionary rule; I do not see any possible alternatives.

The exclusionary rule was created almost one hundred years ago. The rule will continue to be reformed and transformed as time goes on. Although there may be a substantial argument pertaining to the issue, we need the exclusionary rule. Undoubtedly the rule has an abundance of justifications compared to its fallacies. It was stated loud and clear by the framers some two hundred years ago what rights we as American people possess. The exclusionary rule is a major backbone of the judicial system of our country, it maintains the system of checks and balances keeping the American people 's rights prevalent and intact.

THE EXCLUSIONARY RULE
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