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Essay / Research Paper Abstract
This 3 page paper first provides an overview of the exclusionary rule. Then the paper argues that it should never be abolished because it is a rule that protects the people. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA730exc.rtf
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Unformatted sample text from the term paper:
seems to apply to many such cases. In looking at problems as to what to do when Fourth Amendment rights have been violated, the Supreme Court often applies what is
called the exclusionary rule (McWhirter, 1994). The exclusionary rule claims that if a police officer has obtained evidence in a manner that violates the Fourth Amendment, the evidence must
be excluded from a trial (McWhirter, 1994). There are many examples of this. An officer stops a man on the street and searches him for no reason. He may find
a pound of cocaine. However, the evidence must be excluded from the case if the suspect was searched illegally. While it may not seem fair to exclude actual evidence in
a case, if the exclusionary rule was not available, officers would search anyone, anytime in the hopes that some contraband would be found in the process. The Fourth Amendment was
implemented to protect such unreasonable searches that violate a persons fundamental rights and freedoms. The exclusionary rule was first implemented in 1914 with
the Weeks v. United States trial (McWhirter, 1994). Weeks was convicted of selling lottery tickets using the U.S. mail; however, the agents did not bother to obtain a search warrant,
and federal agents entered and searched the suspects home and seized documents from there (McWhirter, 1994). Some of these had been used as evidence in order to convict Weeks, which
was clearly a violation of the Fourth Amendment (McWhirter, 1994). In the 1925 case Agnello v. United States, the exclusionary rule was used once again (McWhirter, 1994). It has been
implemented many times since. While the rule protects the rights of the people, many argue that it prevents justice from being executed as it allows a way out for criminals
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