Saturday, April 7, 2012


Fourth Amendment and the Exclusionary Rule.




The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures.(2) The amendment specifically  requires search and arrest warrants be judicially sanctioned and supported by probable cause. The Fourth Amendment protects reasonable expectations of privacy. The exlusanory rule is a big part of the fourth amdendment.  There has been several popular cases where this can be found true, which also ties in the exclusnaory rule. But the Supreme Court has refused to provide a consistent explanation for what makes" an expectation of privacy "reasonable."  I will explain with examples why this is true and how the exclusanory rule is used.
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. This is what is stated in the Bill of Rights and is used to protect the liberties of the American people.the Fourth Amendment has its origins in seventeenth-and eighteenth-century English common law. " The two English cases are usefully treated as a pair. Both Wilkes v. Wood, 19 Howell's State Trials 1153 (C.P. 1763), and Entick v. Carrington, 19 Howell's State Trials 1029 (C.P. 1765), involved pamphleteers charged with seditious libel for criticizing the king's ministers and, through them, the king himself. In both cases, agents of the king issued a warrant authorizing the ransacking of the pamphleteers' homes and the seizure of all their books and papers. (An aside is necessary at this point: Warrants are means of giving government officials permission to search or arrest someone whom they otherwise might not be allowed to search or arrest. In American practice, warrants are issued only by judges or magistrates after reviewing an application from a police officer. In eighteenth-century England, warrants were sometimes issued by agents of the Crown on their own initiative.) These searches were duly carried out. Wilkes and Entick sued for damages, claiming that the warrants were void and that the searches pursuant to them were therefore illegal. Both Wilkes and Entick won, with powerful opinions issued by Lord Camden, the judge in both cases. These decisions made Camden a hero in the colonies; a number of towns and cities were named after him because of his opinions in Wilkes and Entick." (1)
I intervided one of my friends and asked him what he thought of the fourth amdedment as a whole, he said" I think that it is a essential part of the civial rights of citzens these days. Without these rights police officers could enter anyones home and begin to search for contraband thus leaving the public with no sense of privacy."(Smith, 2010) The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. (2).The purpose of the Exclusionary Rule is to deter police misconduct.If a police officer violates a citizen’s 4th amendment right to be free from illegal searches and seizers, that evidence is to be suppressed in court. The exclusionary rule has 3 elements. First, there must be an illegal action by a police officer, or by someone acting as n agent of the police. Second, there must be evidence secured. The third element states that there must be a casual connection between the illegal action and the evidence secured. If there is an illegal action, but it cannot be proven that the action in question was responsible for the collection of the evidence, the evidence does not fall under the exclusionary rule by the doctrine of attenuation. (4)


It at times can be a real great what to proect the rights of people but can also be a crutch for criminals to avoid getting punshied because of tecnaclities. It is quite possiably the most important amednemnt that was made. When it comes to privacy and the police this is the only way to have control of it without having to worry if it will be violated.


(1)http://law.jrank.org/pages/2014/Search-Seizure-Fourth-Amendment-origins-text-history.html
(2)http://en.wikipedia.org/wiki/Exclusionary_rule
(3)http://law.jrank.org/pages/1111/Exclusionary-Rule.html
(4)http://www.essortment.com/all/exclusionaryrul_rmlx.htm
(5)http://www.novelguide.com/a/discover/eamc_03/eamc_03_01103.html
(6)http://web.ebscohost.com.ezproxy.parkland.edu:2048/ehost/pdf?vid=5&hid=103&sid=60d76478-f95f-4cff-b9dc-7180ce4fff77%40sessionmgr110


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