The Exclusionary Rule

Paper Summary:

This paper takes an in-depth look at the exclusionary rule which states that any evidence that had been seized in violation of a person's fourth amendment right would be held inadmissible in any court . The paper begins with a historical look at the rule right up to the present day. It includes examples of nine United States Supreme Court cases that have made the exclusionary rule what it is today. The paper also includes information about the required procedures for initiating the exclusionary rule in court. Lastly, it includes the four main identifiable exceptions to the rule.

From the Paper:

"When the Court made this rule, they made it so that it only applied to federal officers as well as only federal criminal prosecutions. The problem with this decision is that it did not include State or Local officers and Courts; it only took into account federal officers and federal courts. Local and state officials were still able to seize items without going through the warrant requirement, and thereby bypassing our fourth amendment right altogether and the evidence would still be admissible. Also, local and state officials were illegally seizing items and turning them over to the federal police, who in turn were able to use the items in Court because they had not directly seized them; this act was known as the "Silver Platter" Doctrine."

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