Constitutional law
March-4-2013
Exclusionary rule
The Exclusionary rule has to be a vital part in protecting civil rights in the United States of America. The exclusionary rule is represented by the Fourth Amendment of the U.S Constitution and it guarantees that illegally obtained evidence shall not be used against the accused in court. I definitely agree with the exclusionary rule because not only does it keeps the illegally obtained evidence out of the court, it also ensures that police work is done clean and legally or penalty will be given which can result in the freedom of a guilty person or total destruction of hours of police and tax payers’ dollars. It also protects citizens from unreasonable searches and seizures and also sets a framework for a warrant rule, and introduces the probable cause into police procedures.
A good example of this rule is the case of Mapp vs Ohio. Three Cleveland police officers arrived at the Miss Mapp home. They had information that a bombing suspect was hiding out there and that evidence regarding the bombing was still hidden inside the home. The officers knocked and asked to enter, but Miss Mapp refused to let them in without a search warrant after speaking with her attorney. The officers left and returned around three hours later with a fake search warrant. When the Miss Mapp failed to answer the door, the officers forcibly entered the residence. When her attorney arrived, he was not permitted to see her or to enter the residence. Miss Mapp demanded to see the search warrant and when presented, she grabbed it and placed it in her shirt. Police struggled with her and eventually recovered the warrant. She was then placed under arrest for being belligerent and taken to her bedroom on the second floor. The police then conducted an entire search of the residence where obscene materials (porn) were found in a trunk in the basement. Miss Mapp was ultimately convicted...