Why the exclusionary rule is good

Illinois , cited in Strieff , articulated three factors for the courts to consider when determining attenuation: temporal proximity, the presence of intervening circumstances, and the purpose and flagrancy of the official misconduct.

The Supreme Court recognized this exception in Harris v. New York as a truth-testing device to prevent perjury. Even when the government suspects perjury , however, it may only use tainted evidence for impeachment , and may not use it to show guilt. Due to qualified immunity , the exclusionary rule is often a defendant's only remedy when police officers conduct an unreasonable search or violate their Miranda rights.

Even if officers violate a defendant's constitutional or statutory rights, qualified immunity protects the officers from a lawsuit unless no reasonable officer would believe that the officers' conduct was legal.

Please help us improve our site! No thank you. Exclusionary Rule Primary tabs Overview The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. Derivatives of Excluded Evidence If evidence that falls within the scope of the exclusionary rule led law enforcement to other evidence , which they would not otherwise have located, then the exclusionary rule applies to the newly discovered evidence , subject to a few exceptions.

But not always. Suppose a warrant is out for your arrest. An officer who's unaware of the warrant detains you, but not because you were doing anything wrong. Maybe the officer is speculating that you're up to no good. Whatever the reason, it's not reason enough: The policeperson doesn't have reasonable suspicion that you have committed or are committing a crime.

The officer asks for your identification, has dispatch run a check, and learns about the warrant. The cop arrests and searches you, finding some kind of contraband in your pockets. Even though the stop was illegal because it wasn't based on reasonable suspicion, the contraband could very well be admissible against you in court. The U. Supreme Court has held, essentially, that arrest warrants can retroactively justify illegal detentions.

For much more on the rules in this area, see this article on the "attenuation doctrine. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. The exclusionary rule mainly does not focus on the criminal or the criminal offense committed.

Instead, the rule focuses on law enforcement officers and primarily acquiring the evidence they use in the trial hearing.

This might encourage more criminal activities as this law acts as a significant advantage to the law enforcement officers. In simple terms, the exclusionary rule seems to act as a protective blanket to criminal activities. The exclusionary rule undermines innocent citizens in several ways. One of these ways is in the case where a citizen who is already a victim of illegal searches and seizures by government officials is offered no compensation after his rights have been violated.

The exclusionary rule is also a disadvantage to the innocent who has to see those who have broken the law walk free in the streets due to improper evidence acquisition. Most guilty parties continue to break the law because of the exclusionary rule that acts as their protection against the lawmakers.

Just like any law or rule, the exclusionary rule has its pros and cons, depending on your claims or lawsuit, or side of the law you are on. We want to spread the word about energy and help make our world a better place for all people.

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Hot springs, lava, and fumaroles are natural examples of geothermal energy. Geothermal power is currently more common in homes and businesses, using Pros of the Exclusionary Rule The exclusionary rule has been part of the constitution for some time now. The key advantages of the exclusionary rule include; 1 Ensure nobody is above the law In modern times, many injustices might occur if the law was not there; an Innocent citizen might have been convicted of a crime they may not have committed.

Cons of the Exclusionary Rule However, despite the exclusionary rule having an enormous impact on its citizens, it carries many disadvantages, especially to the lawmakers, government officials, and even on rare occasions, the citizens. Some of these disadvantages posed by the exclusionary rule to its people include but are not limited to; 1 A raise in the taxpayer by the citizens The exclusionary rule brings about more administrative work for law enforcement officers.

Conclusion Just like any law or rule, the exclusionary rule has its pros and cons, depending on your claims or lawsuit, or side of the law you are on. Sources Oaks, Dallin H. Cohen, Jonathan R. Over the years, the U. Supreme Court has carved out exceptions to the exclusionary rule and narrowed its focus.

The Court has also allowed evidence to be admitted that was improperly obtained if the connection between the evidence and the illegal means is remote. With all these exceptions, is the exclusionary rule still needed? I think maintaining the integrity of the court process is an important function of the exclusionary rule that the Court has, unfortunately, neglected in recent years. Discussion Questions 1. After reading the 4th Amendment, what does it mean?

What is the exclusionary rule? The exclusionary rule is seen by Professor Stuart Green as only helpful to a guilty party, innocent people cannot benefit from it. Do you agree with this assessment? Why or why not? Do you think it is fair? How might these exceptions decrease the need for the exclusionary rule?