Thursday, October 31, 2019

Exclusionary Rule Research Paper Example | Topics and Well Written Essays - 1000 words

Exclusionary Rule - Research Paper Example This aims to safeguard people from being prosecuted if at all the due process of evidence collection was not followed. It is also true that this principle is there to prevent prosecutors and law enforcement agencies from admitting evidence into court after the search and seizure of evidence is complete (Maclin, 2012). This paper shall inspect the application of the exclusionary rule, and how it affects the daily lives of both citizens and law enforcement agencies. The principle behind the exclusionary rule prevents police officers from violating an individual’s constitutional rights. This is because; it is not possible for police officers to ignore the basic rule that governs their responsibilities as law enforcers. Their duty is to ensure that the constitution and all its principles are upheld. The exclusionary rule may not be embedded in the constitution, but it is one principle that the Supreme Court thought would work toward protecting an individual’s right as constituted in the Fourth Amendment (Maclin, 2012). The Fourth Amendment is there to protect against the illegal search and seizure of an individual, or their property. This means that even suspects cannot be searched until a legal document forces them to do so, if they were not willing to oblige to an arbitrary search. It is the belief of countless individuals that the rule must not be enforced at all times. This is because, at times, there might be instances where lives are at stake when it comes down to searching a suspect and their property. In such instances, it is considered unnecessary to wait for a warrant to search and save any lives that may be at risk. However, police officers who do this might need to prove that there were no doubts as to the suspect’s intentions, and thus; their actions as law enforcers were legitimate. Unfortunately, if police officers intentionally violate an individual’s fundamental right against arbitrary search and seizure, then the rule must apply.

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