The founders of the Constitution knew that it is important to protect citizens from violation of their privacy, especially to the respect of invasion of their homes. Therefore the fourth amendment came into existence to ensure that individuals rights will not be infringed. The fourth amendment and the exclusionary rule has protected individual rights against the police and other government agencies from, unreasonable search and seizures. Furthermore, the exclusionary rule has deterred police misconduct and as well as intended to discourage law enforcement from conducting illegal searches by stating that any evidence found during an illegal search will be dismissed and cannot be used against the defendant in a court of law. The supreme court case, Fremont weeks vs. United States, the Supreme Court ruled that since the evidence gathered during weeks case were through illegal means the court dismissed the case. …show more content…
The exclusionary rule has limited the law enforcement ability to invade people's privacy; it has resulted in the overturning of convictions and following the release of criminals and also undermined criminal investigation and potential
The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
Significance: The Supreme Court here expresses that governmental conduct like drug dog sniffing that can reveal whether a substance is contraband, yet no other private fact, does not compromise any privacy interest, and therefore is not a search subject to the Fourth Amendment. Terry v. Ohio permits only brief investigative stops and extremely limited searches based on reasonable suspicion including seizures of property independent of the seizure of the
The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
The Supreme Court argued that the police officer had reasonable suspicion and searching the men was in the best interest of the officer for his protection. It was an eight to one decision, the one being William Douglas. He argued that they were giving too much power to police, and that there should be a court order for search and seizure. In this time period, stop and frisks were an everyday thing. Law enforcement broke the fourth amendment most of the time, abusing their badge that allowed them to search who they want, when they want, whether they were acting a certain way or not.
I don’t think officer did it right by violating the exclusionary rule, but if they believed that it was too dangerous for them, they sure did it right. I believe
In this period, the Fourth Amendment was strongly upheld along with the exclusionary rule. The exclusionary rule is made so that police couldn't use any illegally-obtained evidence to convict a defendant. Chief Justice Earl Warren brought the exclusionary rule from local to state-level in the court case of Mapp v. Ohio. In this case, officers forced their way into a home without a search warrant because they suspected Dollree Mapp of hiding an alleged bomber, where they collected evidence so they could use it against him in court. The exclusionary rule was enforced, making none of the evidence found applicable to be used against Mapp in court.
The exclusionary rule, as applied today, states that any evidence that was found using an unconstitutional method is also unconstitutional; therefore, inadmissible in court. This is because criminal proceedings are to be fair and impartial (i.e. “reason and truth”). I agree, by allowing the exclusionary rule into proceedings, the rights of the defendants are protected. Although the defendants may be guilty, there has to be a system in which the police should also be held accountable for the way they proceed in practice. The criminal proceeding is adversarial with the ultimate goal for both sides being to let the evidence and circumstances prove the truth; therefore, the way the evidence is gather should be a critical element towards a conviction.
"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 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people
In the case of Terry v. Ohio (1968), Detective McFadden, with 39 years of experience as a police officer, observed Terry and two other continuously staring into a store window. McFadden feared the three men were going to commit a robbery so he stopped and frisked the three men, and found weapons on two of them. Terry was convicted of carrying a concealed weapon and sentenced to three years in jail. The Supreme Court presented the question was the stop and frisk of Terry and the other two men a violation of the Fourth Amendment? In their decision, the Supreme Court stated there was no violation since the detective had reasonable suspicion that a crime would be committed.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
& Everett, P., 2016). This is a rule that leads me to have mixed thoughts about it. In one aspect it is a protection from the police invading the personal privacy of one's home or belongings, and the other is that because of this rule a criminal gets to be set free. I truly feel that the exclusionary rule protects those that have had their Fourth Amendment violated. Although, in the U.S. Constitution it nowhere specifies anything having to do with the exclusionary rule.
The rules main goal is to prohibit evidence obtained in violation of a person's constitutional rights from being admissible in court (Siegel 2010). The exclusionary rule may prevent evidence seized in violation of a person's constitutional rights from being admitted into court, an officer who has violated someone's rights could also be sued along with their agency. According to Section 1983 of the U.S. Code an officer could be prosecuted criminally under some circumstances as well (Forsythe n.d.). The case United States v. Leon is notable because due to this case the good faith exception was added to the exclusionary rule. The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith relied upon a defective search warrant (Siegel 2010).
In Wolf vs. Colorado the Supreme Court had decided that it did not. Illegally obtained evidence could be used in trials because the 4th amendment did not apply to states. The principle became known as the exclusionary
41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.
Ohio (1961), the Supreme Court trusted that the Constitution charged the exclusionary rule as a remaking of a Fourth Amendment infringement. They saw the truths of the sample, the exclusionary rule which was the assurance of somebody 's protection furthermore required by the Due Process which portrayed the Fourteenth Amendment. The rule stated three purposes by the Mapp Court, the right given by the constitution and stated that when police admitted that they were at fault, judges then extended the violations in court. This would stop misconduct for negligence since the case of Mapp the Supreme Court has seized out many exceptions to the exclusionary rule. I would agree with exclusionary rule, searches are easy to get permission from most defendants.