GOOD FAITH EXCEPTION AND THE EXCLUSIONARY RULE
Good Faith Exception and The Exclusionary Rule
When a case is taken to court the prosecution works diligently to pull together an airtight
case against the defendant. To do that they make every effort to acquire evidence, witness
testimony and piecing together a story that will paint a picture for the jury. However, if the
process at the time of acquiring the evidence doesn’t follow the United States Constitution, it can
cause the evidence to be inadmissible during the case. The exclusionary rule, “which is judicial
doctrine forbidding the use of evidence in a criminal trial where the evidence was obtained in
violation of the defendant’s constitutional rights” (Scheb, 2014, p.90).
There is one exception to
the exclusionary rule called the good faith exception which is, “an exception where the police
officer who conducted the search relied in “good faith” on the validity of a search warrant”
(Scheb, 2014, p.101). This paper aims to explain the purpose and scope of the exclusionary rule,
explain the purpose of the good faith exception of the exclusionary rule and discuss whether the
good faith exception provides an open door to the abuse of the exclusionary rule, or whether it is
a reasonable exception.