Week 2-2pol303 - Hi Everyone, Explain the exclusionary...

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Hi Everyone, Explain the exclusionary rule. Why is it important for both before and after an arrest? What are the public policy reasons for the creation and utilization of the exclusionary rule? The Supreme Court adopted the exclusionary rule to stop evidence from being allowed in court that was used in violation of the 4 th Amendment, which is the protection of any unreasonable searches and seizures by law enforcement. If there is not evidence to support probable cause and therefore no warrant to be issued, then anything found and seized can not be used as evidence in court against the defendant. Initially, this rule was used in federal court, but through the due process clause of the 14 th Amendment it applies to the states as well. There are, however, exceptions to this rule. In early 1900’s the rule was created, but was not yet enforced. In 1914, in the case of Fremont Weeks vs. U.S. a federal agent searched Weeks’ home, without a warrant, for evidence of gambling. The evidence was
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This note was uploaded on 12/28/2010 for the course POL POL303 taught by Professor Knox during the Fall '10 term at Ashford University.

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Week 2-2pol303 - Hi Everyone, Explain the exclusionary...

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