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The Exclusionary Rule is a rule that prevents the United States Government from using
certain evidence that may be a violation of the U.S. Constitution. The Exclusionary Rule applies
to the evidence that violates Amendment Rights such as Unreasonable Search and Seizure (4th
always been a controversial legal issue in the criminal justice system since its creation because
the application of the rule on a legal case may affect the significance of the evidence through its
exclusion, and the acquittal of the individuals who can be regarded factually guilty. Evidence
that’s found in concurrence with Exclusionary Rule evidence discovered, the exclusionary rule
would apply to the evidence as well. This extension is called “Fruit of the Poisonous Tree”
The purpose of this rule is to deter law enforcement officers from violating the 4th
Amendment when it comes to search and seizures. The rule is put into place to help defendants
whose rights may have been violated (Cornell Law School, 2015). If a court allows a case to be
heard when evidence of the accused had been challenged as admissible and the jury votes to
convict, the defendant can challenge the courts decision. If the defendant wins on appeal, double
jeopardy doesn’t apply, and a retrieval may begin. The rationale behind the rule is to prevent
Three Exceptions
There are three major exceptions to the Exclusionary Rule created by the U.S. Supreme
Court, including Independent Source Exception, Good Faith Exception and the Inevitable
Discovery Rule, which justify the applicability of the rule. But the costs of exclusion outweigh
its deterrent or remedial benefits when it comes to the limitations. The rules will not be triggered
if a court error has lead enforcement to believe that a search warrant that is issued is valid when
it’s not. That’s because “excluding the evidence wouldn’t deter police officers from violating the
The 1st exception to the Exclusionary Rule is the Good Faith Exception. Under this
exception, evidence will not be excluded if it’s obtained by law enforcement that reasonably
believe the search warrant obtained is valid. According to Cornell Law School (2015), the case
“Davis v. U.S. 131 S. Ct. 2419 (2011) the Supreme Court ruled that the Exclusionary Rule
doesn’t apply when the police conduct a search hen relying on binding appellate precedent”
(para. 4). Another court case found that a police error might also fall under the Good Faith
Exception. An invalid statute relied upon law enforcement can also make evidence admissible.
(Cornell Law School, 2015). An example would be law enforcement officers serving a warrant
based on facts that weren’t true on the warrant, but they believed it to be true.
A 2nd exception to the Exclusionary Rule is evidence admissible for Impeachment. This
exception came into existence to prevent perjury but may only be used when the evidence is
tainted for Impeachment and not show any guilt (Cornell Law School, 2015). An example of this
is if a witness had prior conviction of dishonesty the evidence may be admissible. And the 3rd
admissible if it would have been found regardless, even if there were no lawful search and
EXCLUSIONARY RULE EVALUATION 4
seizure (Cornell Law School, 2015). An example of this exception is if the man and misconduct
is demonstrated to locate the body, the Inevitable Discovery Doctrine would save the day.
An advantage of the Exclusionary Rule is that it serves as deterrence for law enforcement
not to conduct illegal search and seizures. Police don’t want to see what a cut may be a dry case
to go shambles because the search and seizure were illegal. A law enforcement officer may have
found perfect incriminating evidence, but if the procedure were conducted illegally then the
Exclusionary Rule may come into play, and the case ruined. A disadvantage of the Exclusionary
Rule id defendants who are in fact guilty may be set free. (William, G, 1975). Guilty people
alone are disadvantaged enough; the defendant may also be violent and dangerous. Once again
law enforcement officers don’t want dangerous criminals walking free because of misconduct.
Conclusion
constitutional development that’s aimed at discouraging law enforcement personnel from being
engaged in misconduct. In other words, the Exclusionary Rule is effective in preventing the
admission into evidence obtained by police officers unconstitutionally. But also, the
Exclusionary Rule has many disadvantages and some advantages depending on which side of the
law you are on. On one hand if the defendant is innocent from the beginning, police officers who
conducted illegal procedures may have his or her evidence admissible. On the other hand,
defendants who are guilty may be able to walk free due to misconduct of law enforcement. If law
enforcement conducts all procedures legally and by the book, less guilty people would be free,
References
Cornell Law School. (2015). “Exclusionary Rule.” Retrieved from
https://www.law.cornell.edu/wex/exclusionary_rule
Find Law. (2015). The Fourth Amendment and the "Exclusionary Rule". Retrieved from
http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-
exclusionary-rule.html
Rule in the American Law of Search & Seizure.” Vol. 52. Issue 3. J. CRIM. L. &
https://scholarlycommons.law.northwestern.edu/jclc/vol52/iss3/2
William, G. (1975). Enforcing the Fourth Amendment: “The Exclusionary Rule and Its
https:///openscholarship.wustl.edu/law_lawreview/vol1975/iss3/2
Worrall, J. L. (2012). “Criminal Procedure.” (4th Ed.). Retrieved from The University of