The Exclusionary Rule Essays

The Exclusionary Rule Essays The Exclusionary Rule Essay The Exclusionary Rule Essay The Exclusionary Rule is a fundamental constitutional principle of criminal procedure law in the United States. Generally, it prohibits the criminal trial of any evidence seized or otherwise obtained in violation of Amendment to the Constitution. Under the Exclusionary Rule, improperly evidence that leads to the subsequent discovery of other incriminating automatically invalidates or poisons the newly discovered derivative same way that a poisonous tree taints the fruits growing on any of its. While it derives from the Fourth Amendment, it is not actually anywhere within the text of the Constitution or its Amendments. In fact, judicially created more than a century after the Constitution was ratified the Fourth Amendment included within the Bill of Rights in 1791 (Tinsley). The right of the people to be secure in their persons, house, 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. At British Common Law, any evidence of guilt was admissible into and proof of guilt was considered to excuse any illegal conduct involved in it, even retroactively, in effect, functioning as an absolute defense on police or government authorities who violated the law (Tinsley): where a Man arrests another, who is actually guilty of the Crime for which he is arrested, it seems, That he needs not in justifying it, set forth any special Cause of his Suspicion, but may say in general, that the Party feloniously did such a Fact, for which he arrested him.