7 which of the following is an argument against the exclusionary rule? Advanced Guides

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exclusionary rule [1]

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment
However, the rule does not apply in civil cases, including deportation hearings. If evidence that falls within the scope of the exclusionary rule led law enforcement to other evidence, which they would not otherwise have located, then the exclusionary rule applies to the newly discovered evidence, subject to a few exceptions
Though the rationale behind the exclusionary rule is based in constitutional rights, it is a court-created remedy and deterrent, not an independent constitutional right. The purpose of the rule is to deter law enforcement officers from conducting searches or seizures in violation of the Fourth Amendment and to provide remedies to defendants whose rights have been infringed

“A Critique of Two Arguments Against the Exclusionary Rule: The Histori” by Donald E. Wilkes Jr. [2]

A Critique of Two Arguments Against the Exclusionary Rule: The Historical Error and the Comparative Myth. “The great body of the law of evidence consists of rules that operate to exclude relevant evidence.” The most controversial of these rules are those which prevent the admission of probative evidence because of the irregular manner in which the evidence was obtained
Evidence obtained by methods which meet legal requirements but contravene some moral or ethical principle is unfairly obtained evidence. Evidence obtained in violation of a legal right or immunity is improperly obtained evidence, regardless of whether moral standards also have been breached.
The first consists of evidence secured by agents of government and may be divided into two subcategories: evidence obtained in violation of constitutional guarantees against unreasonable search and seizure (illegally obtained evidence), and evidence obtained in violation of the statutory or common law authority of the agent (unlawfully obtained evidence). The second category consists of evidence procured by a private party

Exclusionary rule [3]

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant’s constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right
The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures.[2] The exclusionary rule is also designed to provide a remedy and disincentive for criminal prosecution from prosecutors and police who illegally gather evidence in violation of the Fifth Amendment and its protection against self-incrimination. The exclusionary rule also protects against violations of the Sixth Amendment, which guarantees the right to counsel.
This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy

Narrowing Application of the Exclusionary Rule [4]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.. Narrowing Application of the Exclusionary Rule.—For as long as we have had the exclusionary rule, critics have attacked it, challenged its premises, disputed its morality.474 By the early 1980s, a majority of Justices had stated a desire either to abolish the rule or to sharply curtail its operation,475 and numerous opinions had rejected all doctrinal bases other than deterrence.476 At the same time, these opinions voiced strong doubts about the efficacy of the rule as a deterrent, and advanced public interest values in effective law enforcement and public safety as reasons to discard the rule altogether or curtail its application.477 Thus, the Court emphasized the high costs of enforcing the rule to exclude reliable and trustworthy evidence, even when violations have been technical or in good faith, and suggested that such use of the rule may well “generat[e] disrespect for the law and administration of justice,”478 as well as free guilty defendants.479 No longer does the Court declare that “[t]he essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the Court but that it shall not be used at all.”480
For instance, defendants who themselves were not subjected to illegal searches and seizures may not object to the introduction of evidence illegally obtained from co-conspirators or codefendants,481 and even a defendant whose rights have been infringed may find the evidence admitted, not as proof of guilt, but to impeach his testimony.482 Further, evidence obtained through a wrongful search and seizure may sometimes be used directly in the criminal trial, if the prosecution can show a sufficient attenuation of the link between police misconduct and obtaining the evidence.483 Defendants who have been convicted after trials in which they were given a full and fair opportunity to raise claims of Fourth Amendment violations may not subsequently raise those claims on federal habeas corpus because, the Court found, the costs outweigh the minimal deterrent effect.484. The exclusionary rule is inapplicable in parole revocation hearings,485 and a violation of the “knock-and-announce” rule (the procedure that police officers must follow to announce their presence before entering a residence with a lawful warrant)486 does not require suppression of the evidence gathered pursuant to a search.487 If an arrest or a search that was valid at the time it took place becomes bad through the subsequent invalidation of the statute under which the arrest or search was made, the Court has held that evidence obtained thereby is nonetheless admissible.488 In other cases, a grand jury witness was required to answer questions even though the questions were based on evidence obtained from an unlawful search and seizure,489 and federal tax authorities were permitted in a civil proceeding to use evidence that had been unconstitutionally seized from a defendant by state authorities.490
Leon,491 the Court created an exception for evidence obtained as a result of officers’ objective, good-faith reliance on a warrant, later found to be defective, issued by a detached and neutral magistrate. Justice White’s opinion for the Court could find little benefit in applying the exclusionary rule where there has been good-faith reliance on an invalid warrant

Exclusionary rule in California : an analysis [5]

This article has been written by Vidya Sagar Reddy Gankidi, pursuing Crack California Bar Examination – Test Prep Course and has been edited by Oishika Banerji (Team Lawsikho).. Every progressive democracy is evaluated and judged by the fairness in its system of justice and which in turn is guided by the rights provided either expressly or impliedly to its citizens
One such remedy and sanction in a broader sense is the exclusionary rule which prevents the admissibility of the evidence in the court of law by government and its agencies if the evidence is gained through illegal and undue means of search and seizure as it violates the right to privacy (Fourth Amendment) and Right Against Self-incrimination (Fifth amendment) which are provided in the Constitution of United States. Well let’s analyse the exclusionary rule in detail and its attribution to the state of California in particular.
So, a simple rationale behind this rule is just by depreciating the value of the evidence that was illegitimately acquired by making it inadmissible we can prevent the unauthorised search and seizure by the authorities , because the evidence would be of any value if unduly collected .. The Fourth Amendment provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The relevant portion of the Fifth Amendment provides that “no person… shall be compelled in any criminal case to be a witness against himself”

Decision on the Defence “Objection to Intercept Evidence” [6]

DECISION ON THE DEFENCE OBJECTION TO INTERCEPT EVIDENCE. TRIAL CHAMBER II (Trial Chamber) of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (International Tribunal) is seised of an Objection to Intercept Evidence (Objection) and a Supplemented Objection to Intercept Evidence (Supplemental Objection), filed by the Defence on 3 July 2003 and 18 July 2003 respectively, objecting to the admission of evidence obtained through the allegedly illegal interception of telephone conversations.
The Compact Disks produced are incomplete, the same documents have different dates, and uninteresting matters have been omitted when transferring cassette tape intercepts to reel-to-reel storage tapes.14. The reel-to-reel storage tapes were in the unsupervised possession of someone for more than ten years and there are no logs or methods of keeping the reel-to-reels
The purported authority to conduct the intercept was invalid in that it did not contain the identity of the person to be subject to surveillance. The Presidency of the Republic of BiH was not notified of the proposed surveillance.16

Arguments Against The Exclusionary Rule [7]

I do agree with Justice Scalia’s principal argument for not using the exclusionary rule to the knock-and announce violations. I think in some cases that knocking on the suspect door can give them time to prepare themselves and maybe hide evidence
For instance, if a person is a drug dealer, he sure knows that its illegal. So, having the officer knocking on his door, he probably won’t open or will open with a gun point out
Capsule Summary: Seizing a person’s luggage for an extended period until a warrant is obtained violates the Fourth Amendment as beyond the limits of a Terry stop, but, a sniff by a narcotics dog does not constitute a search for Fourth Amendment purposes.. The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases

which of the following is an argument against the exclusionary rule?
7 which of the following is an argument against the exclusionary rule? Advanced Guides


  1. https://www.law.cornell.edu/wex/exclusionary_rule
  2. https://digitalcommons.law.uga.edu/fac_artchop/383/
  3. https://en.wikipedia.org/wiki/Exclusionary_rule
  4. https://law.justia.com/constitution/us/amendment-04/35-narrowing-application-of-the-exclusionary-rule.html
  5. https://blog.ipleaders.in/exclusionary-rule-in-california-an-analysis/
  6. https://www.icty.org/x/cases/brdanin/tdec/en/031003.htm
  7. https://www.ipl.org/essay/Arguments-Against-The-Exclusionary-Rule-F3LYSVWBGXFV
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