Exclusionary Ruling

Exclusionary Rule Case Study

Abstract

This paper will look into the Exclusionary Rules established by the Supreme Court. It will discuss three separate cases that helped to establish the Exclusionary Rule. I will also discuss the Fourth Amendment of the Constitution. I will break down the Fourth Amendment into three separate parts and discuss each. I will show what is considered a reasonable search and how search and seizure is governed by the Fourth Amendment.

The Fourth Amendment of the United States Constitution reads as follows:

“The right of the people to be secure in their persons, houses, 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” (The Constitution of The United States, 1775). The Fourth Amendment is considered to be one of the most important parts of the Constitution.

Let us take a closer look at the Fourth Amendment.

The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. The authors of the Constitution put this in because they wanted a government that had to follow the letter of the law. They had been ruled by a monarch that made the laws as he saw fit. This meant that law enforcement could enter a residence at any time and for any reason. They also could at that time search a person without reason. This statement meant that a law enforcement officer could not search a person without a warrant in hand. It also protects the home of the resident, a person’s papers and effects. Therefore a law enforcement officer cannot enter a residence for a search of evidence without a warrant. Any papers within the residence are also protected as well as a person effects. This means a person clothing or other personal effects. This does not mean garbage left in front of the...