Toll Free:

Live chat
Order now Log In
Toll Free:

Exclusionary rule

Exclusionary rule

Exclusionary rule is the requirement that an individual cannot be prosecuted using an evidence that is collected through an illegal means. The rule is based on the belief that the fruits from a poisonous tree are also poisonous. The rule is applied to protect the citizens from unnecessary search that interferes with their privacy. Police are required to have a search warrant before conducting a search. Otherwise, the police officer should prove that there was enough reason to search the individual. The rule is put in place to prevent the police from abusing their right to search suspects. However, there are circumstances when exclusionary rule is not applicable. For example, in cases where the evidence could still be discovered even without the illegal search, evidence obtained in the process can be used in prosecuting an individual.

In the case of Mapp v Ohio, the police conducted a search without a search warrant. The evidence gathered in this case would not have been used in the prosecution. The police were just given a rumor that the person who was involved in the bombing was hiding in Mapp’s house. They did not have a good reason to belief so. They did not seek any evidence to support these allegations. Therefore, the intrusion was unacceptable. However, an appeal revealed that the evidence that was gathered would be applied. This was done through the application of exclusionary rule that evidence gathered when a state is conducting its activities can be used to prosecute an individual. However, this was just a modification of the situation by the court to protect the state interest. The evidence gathered should not have been used since it does not even relate to the matter that had led to the search. Presence of pornographic materials and bombing are two different crimes.

The exclusionary rule was put in place to ensure that the police do not overuse their powers. However, the rule has led to great confusion among judges and the police. It is true to say that, the rule has not been applied effectively by the judges. Instead, it has created a chance to favor certain individuals. It has also hindered the police from performing their duties effectively. The fact that there are some circumstances when the rule is inapplicable means that judges have a chance to decide whether to apply the rule or not. Hence, cases that require application of the rule have become unpredictable.

Related Free Informative Essays

 
 

Essay

We offer original custom essays in a wide range of subjects. No matter the topic, you will get an impressive essay.

 

Discussion Board Post

If you want to get the best discussion board post at an affordable price, just apply to our experts for help.

 

Research paper

If you experience any difficulties in writing research papers, welcome to us. We produce unique academic papers only!

 

Coursework

Ask our experienced and highly educated writers to help you write your coursework, and you will get an impeccable and original paper.

 

Case Study

Use case study writing services offered by our reputable company. We guarantee to deliver only premium papers.

 

Questions-Answers

You can buy a unique questions-answers essay from our custom writing agency online. Hire us to help you succeed!

 

Powerpoint Presentation

Every time you are looking for a place to purchase a high-quality and creative PowerPoint presentation, visit our website.

 

Term paper

If you need help in writing a quality term paper, contact us. Our skilled writers specialize in creating authentic papers.

 

Response paper

Hire our experienced writers to produce a perfectly written response paper for you. We are dedicated to your success.

 

Formatting

Use the first-class custom formatting service provided by our diligent experts. We can help you format papers in all styles.

 

Research proposal

If you do not know how to write a research proposal, make use of our superb research proposal writing services whenever you need.

 

Dissertation

Order a dissertation written by a professional PhD writer. You will be completely satisfied with your piece of writing.

 

Article Review

When writing an original article review turns out a difficult task for you, entrust it to our professionals to do it in no time.

 

Literary analysis

If you need expert assistance in writing a literary analysis essay, choose our reliable service to do the job. Order your essay now!

 

Rewriting

We can help you paraphrase any of your academic papers. Thus, if you need rewriting help, use our services and get high grades.

 

Reaction paper

Forget about reaction paper writing difficulties! Ask our qualified writers to help you express unique thoughts and reactions on the subject.

 

Excel Exercises

Leave the details of your Excel assignment to our competent writers, and they will do it professionally and fast, no matter its difficulty.

 

Annotated Bibliography

Acquire our remarkable annotated bibliography writing services! We charge the most affordable prices and never compromise on quality.

 

Business Report

In case you need professional assistance with business report writing, turn to our company. We will provide you with a flawless paper.

 

Outline

Purchase a well-structured and unique outline from us online, and get a brilliant paper. We write custom outlines to all papers.

See more testimonials

4th of July
Happy Independence Day!

Get 18% off all services

with code: IndependenceDay
Order now
X
Online - please click here to chat