The Exclusionary Rule

 

The exclusionary rule is an important tool in any criminal defense attorney’s arsenal, and also, not surprisingly, considered an indefensible loophole or even a get out of jail free card by many of its critics. For this paper, discuss the exclusionary rule, its development, purposes, social costs, scope and applicability, standing requirements, exceptions, and notable SCOTUS cases interpreting it. Feel free to take a position on it.

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The Exclusionary Rule

In 1914, the U.S. Supreme Court announced a strong version of the exclusionary rule, in the case of Weeks v. United States, under the Fourth Amendment prohibiting unreasonable searches and seizures. The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rules applies to evidence gained from unreasonable search or seizure in violation of the Fourth Amendment. The purpose of the rule is to deter law enforcement officers from conducting searches or seizures in violation of the Fourth Amendment and to provide remedies to defendants whose rights have been infringed.

nglish islanders, to the envy of their Dutch and French neighbours, enjoyed such constitutional privileges as the right to elect semipopular assemblies. Barbados once hoped to have two representatives in Parliament, and some Barbadians, during the English (Glorious) Revolution (1688–89), thought of making their island an independent state, but nothing came of this.

The original English mainland colonies—Virginia (founded 1607), Plymouth (1620), and Massachusetts Bay (1630)—were founded by joint-stock companies. The later New England settlements—New Hampshire, New Haven, Connecticut, and Rhode Island—began as offshoots of Massachusetts, which acquired jurisdiction over the Maine territory. The New England colonies were first peopled partly by religious dissenters, but except for the separatist Plymouth Pilgrims they did not formally secede from the Church of England for the time being.

Proprietary colonies, under individual entrepreneurs, began with Maryland, founded in 1634 under the Catholic direction of Cecilius and Leonard Calvert. Also proprietary was Pennsylvania, which originally included Delaware, founded by the Quaker William Penn in 1682. Maryland and Pennsylvania, except for a brief royal interlude in Maryland, continued under Calvert and Penn heirs until the American Revolution; all other colonies except Connecticut and Rhode Island ultimately had royal governments. The Carolinas, after abortive attempts at colonization, were effectively founded in 1670 and became first proprietary and, later, royal colonies. Georgia, last of the 13, began in 1732, partly as a philanthropic enterprise headed by James Oglethorpe to furnish a rehabilitation home for debtors and other underprivileged Englishmen. All the mainland colonies eventually had representative assemblies, chosen by the propertied classes, to aid and often handicap their English governors.

The original settlers, predominantly English, were later supplemented by French Huguenots, Germans, and Scots-Irish, especially in western New York, Pennsylvania, and the southern colonies. New York, acquired from the United Provinces of the Netherlands and including New Jersey, continued to have some Dutch flavour long after the Dutch had become a small minority. By the French and Indian War (1754–63, the American port

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