7.+Exclusionary+Rule

VII. Exclusionary Rule What is it? Mapp v Ohio Good faith exceptions

VII. The Exclusionary Rule (Wiki)

// The exclusionary rule states that evidence that is not obtained within the scope of the Fourth Amendment cannot be used as evidence. //
 * What is it? **

The Fourth Amendment protects citizens against unreasonable searches, but it does not implicitly prohibit law enforcement from gathering evidence that is not directly related to the warrant. During the course of a legal search, police officers might obtain evidence that does not fall within the scope of their search warrant or probable cause **// (in other words, illegally obtained evidence) //** Prosecutors would often present this "tainted evidence" in court to bolster their case against the defendant. **// The exclusionary rule says that this "illegally obtained" evidence is not allowed in court (it is excluded). It also includes any evidence that was discovered as a result of the illegally obtained evidence, known as "fruit of the poisonous tree". //** Police and prosecutors claim that it is impossible to determine exactly what evidence will be found.

Police officers claimed to have a search warrant, and searched Dolree "Dolly" Mapp's house because they claimed that she was hiding a bomber. When she asked to see the warrant, they produced a blank piece of paper, claiming it was a warrant. When she struggled, they put her in cuffs, and conducted a thorough search of her house. During the search, they found lewd reading materials that were illegal in Ohio. Mapp appealed her conviction on the basis of freedom of expression. After reviewing the case, the Court ruled in favor os Ms. Mapp and the exclusionary rule was developed.
 * Mapp v. Ohio (1961) **

Christie Hartanto Manisha Sahai Jacqui Liu
 * Good-faith exception ** allows certain types of evidence that would normally be excluded to be introduced in a trial. If police can successfully argue that they were acting in good faith when obtaining evidence, it can be admitted. Sometimes the use of the exclusionary rule can be costly to society; in these cases, such as //United States v. Leon (1984)//, the ruling may be appealed, since evidence was seized in good faith.
 * // They also have the "inevitable discovery" exception - if the evidence would have eventually been discovered without the help of the illegally obtained evidence, it can be admissable. This is difficult to demonstrate. //**