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Running head: GOOD FAITH EXCEPTION AND THE EXCLUSIONARY RULE Good Faith Exception and the Exclusionary Rule Kayla Good Grand Canyon University: JUS- 441 April 9, 2020 1
GOOD FAITH EXCEPTION AND THE EXCLUSIONARY RULE Introduction The Fourth Amendment protects people from unlawful searches and seizures. In 1914 the Supreme Court introduced the exclusionary rule. The exclusionary rule is an essential aspect of Fourth Amendment rights. Evidence is what makes or breaks a case, and how that evidence is collected is crucial. The exclusionary rule is put in place to ensure that unlawful evidence that is collected that violates constitutional rights is inadmissible in court. There are exceptions to this rule, such as with the good-faith exception. The following paper will explain the purpose and scope of the exclusionary rule, provide examples of when law enforcement evidence may be suppressed due to the exclusionary rule, discuss 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. Purpose and Scope of the Exclusionary Rule The exclusionary rule is a doctrine banning the use of evidence in a criminal trial where the evidence was obtained in violation of the defendant’s constitutional rights (Scheb II, 2015, p. 129). This judicial doctrine was put in place to further protect people in court from the evidence that was collected unlawfully. The addition of the exclusionary rule created a way to deter illegal searches and seizures by police and thereby enforce the constitutional requirements (Scheb II, 2015, p. 129). Law enforcement officers are trained not to violate the constitutional rights of the people. The purpose of the exclusionary rule is to deter law enforcement officers from conducting searches and seizures that violate the Fourth Amendment and to provide remedies when violations do occur (Cornell Law School, n.d., p.1). Over the decades, the purpose of the exclusionary rule has changed a bit; it was first justified both by the goal of deterring police misconduct and to avoid tainting the judicial process with illegally obtained evidence. The 2

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