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This 3 page research paper defines the exclusionary rule and then discusses in terms of the case of Herring v. U.S. (2009), with the writer arguing against this Supreme Court ruling. Bibliography lists 4 sources.
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3 pages (~225 words per page)
File: KL9_khexclrule.doc
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listed below. Citation styles constantly change, and these examples may not contain the most recent updates. Exclusionary Rule Research Compiled for The
Paper Store, Enterprises Inc. By - properly! The exclusionary rule in criminal court proceedings provides
a means whereby any evidence that was obtained by law enforcement officers by violating the Fourth Amendment right of the defendant to unreasonable search and seizure (Del Carmen, 2007). The
Supreme Court has made it quite clear that it is only evidence obtained through violation of the Fourth Amendment that is inadmissible under the exclusionary rule, which means that this
does not pertain to evidence that was obtained by violating other constitutional rights of a defendant (Del Carmen, 2007). This evidence may also be excluded from trial proceedings, but this
exclusion does not come under the use of the exclusionary rule (Del Carmen, 2007). In the early history of the country, the only criteria universally applied to admissibility pertained
to whether or not the evidence was considered incriminating (Siegel, 2010). However, in 1914, in the case of Weeks v. United States, the Supreme Court ruled that the rights of
Freemont Weeks were violated when federal officers searched his place of residence without a search warrant (Siegel, 2010). The evidence seized during this search was used to bring about a
guilty verdict in Weeks case. On appeal, the Court ruled that any evidence obtained by illegal search and seizure was inadmissible (Siegel, 2010). In 1961, in Mapp v. Ohio, the
Court extended the boundaries of this decision to include proceedings in state courts (Siegel, 2010). In the case of Herring v. U.S., the defendant was arrested in July of
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