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The Exclusionary Rule
What are they?

If an illegal search is done, these are the laws that throw
the evidence that is found in these searches out of court.
All evidence found as a result of illegal searches are fruit
of the poisoned tree and inadmissible in a court of law.
My Stance

I believe that the exclusionary rules should be in effect in
the United States.
Why?

It encourages the police to do legal searches.

It ensures that our civil liberties are protected.
Police Misconduct

The exclusionary rules encourage the police to act in a
professional manner.
In Ohio before the exclusionary laws were in place, the
police rarely used search warrants.
3 were issued in 1958 and none were issued in 1959
"I would not do anything to the
exclusionary rule…It makes the
police department more
professional. It enforces
appropriate standards of
behavior."
Head of Narcotics Unit at the Chicago
Police Department
Who is Punished? Society or the Police?

The exclusionary rules punish police officers who do
unlawful searches.
It protects society because it protects our 4th Amendment
Right against unlawful seizure and searches.
"The purpose of the exclusionary rule
is to deter police misconduct. If a
police officer violates a citizen's Fourth
Amendment right to be free from
illegal searches and seizers, that
evidence is to be suppressed in
federal court."
Michael Cook
Does it Protect the Guilty or Innocent?

It protects the innocent because it makes sure that the
police cannot search you or your property unless there is
probable cause. If there was probable cause, the police
can get a search warrant!
Ways to Protect People Who Have Been
Searched

If you have been wrongfully searched, you will not be
punished for what they found. The evidence found in this
illegal search is thrown out of court and cannot be used
against you.
Judicial Integrity

We must trust the courts to protect us.
If the courts do not protect our constitutional rights, then
the government has complete and we have no civil
liberties.
The exclusionary laws protect our civil liberties.
Conclusion
We must remember that searches are not thrown out
everyday.
In 1978, “"evidence was excluded at trial as a result of
Fourth Amendment motions in only 1.3% of the cases“
The exclusionary laws should stand because they protect
us and ensure that the police act properly.

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The Exclusionary Rule

  • 2. What are they? If an illegal search is done, these are the laws that throw the evidence that is found in these searches out of court. All evidence found as a result of illegal searches are fruit of the poisoned tree and inadmissible in a court of law.
  • 3. My Stance I believe that the exclusionary rules should be in effect in the United States.
  • 4. Why? It encourages the police to do legal searches. It ensures that our civil liberties are protected.
  • 5. Police Misconduct The exclusionary rules encourage the police to act in a professional manner. In Ohio before the exclusionary laws were in place, the police rarely used search warrants. 3 were issued in 1958 and none were issued in 1959
  • 6. "I would not do anything to the exclusionary rule…It makes the police department more professional. It enforces appropriate standards of behavior." Head of Narcotics Unit at the Chicago Police Department
  • 7. Who is Punished? Society or the Police? The exclusionary rules punish police officers who do unlawful searches. It protects society because it protects our 4th Amendment Right against unlawful seizure and searches.
  • 8. "The purpose of the exclusionary rule is to deter police misconduct. If a police officer violates a citizen's Fourth Amendment right to be free from illegal searches and seizers, that evidence is to be suppressed in federal court." Michael Cook
  • 9. Does it Protect the Guilty or Innocent? It protects the innocent because it makes sure that the police cannot search you or your property unless there is probable cause. If there was probable cause, the police can get a search warrant!
  • 10. Ways to Protect People Who Have Been Searched If you have been wrongfully searched, you will not be punished for what they found. The evidence found in this illegal search is thrown out of court and cannot be used against you.
  • 11. Judicial Integrity We must trust the courts to protect us. If the courts do not protect our constitutional rights, then the government has complete and we have no civil liberties. The exclusionary laws protect our civil liberties.
  • 12. Conclusion We must remember that searches are not thrown out everyday. In 1978, “"evidence was excluded at trial as a result of Fourth Amendment motions in only 1.3% of the cases“ The exclusionary laws should stand because they protect us and ensure that the police act properly.