The exclusionary rule refers to laws that exclude evidence found through illegal searches from being used in court. The document argues that the exclusionary rule should remain in effect in the United States because it encourages police to conduct legal searches and protects civil liberties, as evidenced by increased use of search warrants after the rule was established. Additionally, the rule deters police misconduct, punishes officers who violate constitutional rights, and protects both the innocent and judicial integrity.
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.