Essay On Exclusionary Rule

Based upon my research, the exclusionary rule should not apply to an illegal arrest. The exclusionary rule was a court created deterrent and remedy, to keep law enforcement from violating the Fourth Amendment when conducting searches and seizures ("The Fourth Amendment And The Exclusionary Rule - Findlaw"). It is mainly used to exclude incriminating evidence that was gathered illegally to be introduced into the court as evidence against a person. The rule was developed to give individual’s rights and civil liberties the maximum protection from improper conduct and procedures from law enforcement ("The Fourth Amendment And The Exclusionary Rule - Findlaw").

Even when an illegal arrest occurs does not necessarily mean that all errors will justify invoking the exclusionary rule. The courts have stated that even if the officer’s actions taken were reasonable under the circumstances, which comes under the good faith doctrine, therefore no misconduct needs to be deterred and the exclusionary rule will not apply ("The "Good Faith" Doctrine"). The officer has to prove to the courts that they have the good-faith

vs. Toscanino; the issue was the fact of him being kidnapped from a foreign country and the federal court acceptances of jurisdiction and that he was illegally kidnapped by force, interrogation and tortured. Toscanino did not question the evidence against him just the fact of how he was brought to the United States for trial, therefore, the government agents did not go through the lawful channels (Hall, D. 2105). The district court heavily relied on two court rulings; Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 229, 30 L.Ed. 421 (1888) and Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952). This two ruling stated that the way the person is brought before the court is not relevant for the court to proceed forth with the trial. The district court refused to dismiss the indictment on these grounds (Ross, B.