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Essay / Research Paper Abstract
This five-page-paper presents a discussion that explores the exclusionary rule, the exception to that rule , and the alternative that was suggested by Chief Justice Burger. Several scenarios are suggested if he exclusionary rule were to be dropped. Bibliography lists two
sources.
Page Count:
5 pages (~225 words per page)
File: D0_CWexclus.rtf
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Unformatted sample text from the term paper:
gathered through proper search warrants etc cannot be used as evidence in a court of law to prosecute a defendant. In 1984 the "good faith exception", was
established in 1984 during the cases of United States Vs Leon(Jackson 1201). In that ruling it was decided that if police officers acted on a search warrant that they thought
was valid they could use the evidence obtained by that warrant , even if the warrant was later deemed to be invalid(Jackson 1201)."In Leon, the police relied in good faith
on a warrant and arrested the defendant(Jackson 1201). Although issued by a detached and neutral magistrate, an appellate court ultimately invalidated the warrant. Justice White, writing for the Court, stressed
that the exclusionary rule should be applied flexibly in order to prevent public disrespect for the law(Jackson 1201). Additionally, the purpose of the rule is to deter illegal acts specifically
of the police; excluding evidence obtained by a police officers good faith search which is illegal due to a judges mistake would serve no such deterrent purposes. Suppression would be
appropriate, however, when the officer has no reasonable ground for believing that the warrant was legally issued(Jackson 1201)." The Leon ruling was made because the exclusionary
rule was to serve as a deterrent for police misconduct. When an officer acted in good faith on a warrant that he believed was valid the reason for the exclusionary
rule no longer applies in that case and the evidence should be usable according to the ruling. Chief Justice Warren
E. Burger later criticized the exclusionary rule and provided an authored dissent in which he proposed another method of deterring crooked cops(Barnett A20) . In his dissent Burger believed
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