Exclusionary Rule Essay

808 WordsJan 17, 20124 Pages
Exclusionary Rule Search and seizures are protected under the fourth Amendment of the Constitution. Officer that go beyond the law and obtain evidence without a warrant are in breach of a person’s fourth amendment right. The evidence that is obtained is not admissible in court and fall under the exclusionary rule. This paper will discuss the benefits of the exclusionary rule, as well as alternative remedies to the rule. Reason for the Exclusionary Rule The exclusionary rule was created to protect innocent people from being harassed from law enforcement. The exclusionary rule is judge made law and has been around since the beginning of the 1900’s. The Supreme Court ruled that illegal searches conducted by law enforcement officials should not be allowed in court because it was a breach of a person’s fourth amendment. This rule prevents officers from misconduct. Cost and Benefits When determining the cost/benefit analysis to the exclusionary rule, one must take into consideration the outcome. This can be done by using critical thinking. Does the end justify the means? “The cost is that the exclusionary rule (cost to society) keeps evidence from the jury and makes it more difficult and more impossible to obtain a conviction (because of the loss of the evidence or the necessity of a retrial)” (Cost Benefit Analysis To The Exclusionary Rule, 2011). When officer conduct a search of a person’s house without following proper procedure the evidence that is obtained may not be admissible in court, the result is criminals go free. The cost of the exclusionary rule is not that great. Cases that are brought to court can be tracked with regards to why the case was dismissed. According to Zalman (2008) “Several research studies are in general agreement that the “costs” of the exclusionary rule are not great. In almost all instances, the percentage of cases dropped because of

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