2008-06-30_164609_Exclusionary_Rule2 - 1 Hillary Rodham...

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1 Hillary Rodham Clinton, Senator for the State of New York To the Congress of the United States of America: When our Constitution was first drafted the Founding Fathers argued long and hard about the inclusion of a Bill of Rights (Postell). The key reason the Founders finally united and agreed to pass a Bill of Rights, even though the Federalists had initially argued that a piece of paper could not act to protect individual freedoms, was because they felt there had to be a way to “oblige the government to control itself,” (Postell). The many searches of colonists’ private homes and their inability to protect themselves from such intrusions by the British Crown led the Founders to pass the Fourth Amendment (Flex Your Rights Foundation). At its core, the Fourth Amendment protects the right of the people to be free from absolute government intrusion and from a government that has run wild with its own power. The Fourth Amendment states (Findlaw): 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. People have a right to feel safe that their houses and property cannot be lost to government action simply because the government has that power. To protect people from government intrusion and its aggressive exercise of power, probable cause was and is now required before a warrant is granted (Findlaw). Americans have absolute right to be safe from unreasonable searches and seizures, such as those conducted in countries where simply looking
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The Exclusionary Rule Protects the Rule of Law 2 at a police officer the wrong way is enough for the officer to arrest or torture them (Findlaw; Reuters). It is a necessary requirement of our democracy and system of government that the people, not only the judiciary, the executive branch, and the legislative branches of government have the ability and means to provide checks and balances to the overtaking of power (Postell). The Fourth Amendment is a necessary right of the people because it stops the government and police from breaking the law in order to enforce the law. While many may say that the Exclusionary Rule helps criminals evade the law, they fail to consider what it would be like living in a society were there are no protections from illegal police action (Postell; Reuters). The Supreme Court first explained the Exclusionary Rule in the case of
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This note was uploaded on 06/27/2010 for the course CJ CJ220 taught by Professor Owens during the Spring '10 term at University of Phoenix.

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2008-06-30_164609_Exclusionary_Rule2 - 1 Hillary Rodham...

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