The Exclusionary Rule

The law, 18 U.S.C. section 3501, provides that courts should weigh a number of factors in deciding whether a statement made by a suspect in custody was voluntary. The Exclusionary Rule rights listed in the constitution to have substance, there must be follow upable remedies compel on the government for colzas of those rights. The U.S. supreme introduced the exclusionary rule in 1914 in the case of Weeks v. unite States as a remedy for violations of the poop amendment The Weeks Court felt that the only effective way to enforce the tail Amendment right to be secure from unreasonable searches and seizures was to take up a rule that localize seized in violation of the quaternary Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegal government manage by admitting into evidence the fruits of that illegal conduct. In Silverthorne Lumber v. United States, the Supreme Court prohibited introducing evidence which items have been instanter seized during an illegal government search also any evidence indirectly derived from that search.

Originally, the exclusionary rule announced in Weeks did not make to the states because at that time the Supreme Court limited the practical application of the Fourth Amendment to the Federal Government. Then, in 1949, the Supreme Court indomitable Wolf v. Colorado where in the Court applied the Fourth Amendment to the states through the Fourteenth Amendment due process clause. The Court considered the barrier against unreasonable searches or seizures to be a right underlying to a free society and implicit in the model of ordered liberty. The Wolf Court, however, did not view the exclusionary rule as a necessary component of due process and refused to befool the exclusionary rule to the states as a remedy for a violation of the Fourth Amendment. The purpose of the exclusionary rule is not to redress the brand to the privacy of the... If you want to get a full essay, order it on our website: Orderessay

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