POLS 4900 Lecture Notes - Lecture 10: Exclusionary Rule, Exigent Circumstance, Warren Court
5 May 2018
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Kim 1
They searched her house and found pornographic books that she was also later charged
for. The Court voted in favor of Mapp saying that the evidence that the police seized was
inadmissible in the Court under the Fourth Amendment. This resulted in the creation of the
Exclusionary Rule.
The exclusionary rule states that if the evidence is seized in violating the Constitution, the
evidence cannot be used against the defendant in a criminal trial. (Gaines and Worrall, 2012, p.
455) The exclusionary rule also makes it that if the search or seizure does violate the Fourth
Amendment by searching homes and seizing items unconstitutionally, the items they seize
cannot be used in court and will be excluded. This decision affects policing because this ensures
that the police will not enter homes or seize items without a warrant which requires probable
cause. The exclusionary rule is also part of the poisonous tree doctrine which is a doctrine that
states that not only will be evidence obtained during the unconstitutional search and seizure will
be excluded, but that any “fruit” will also be excluded. This meant that any additional evidence
found during the illegal search and seizure would also be inadmissible in court. This additional
fruit includes any other evidence such as a confession. (Gaines and Worrall, 2012, p. 456)
The exclusionary rule affects American policing because this holds the police
accountable for their actions because they cannot search homes without a warrant unless there
are exigent circumstances. This is a vital part of justice because the exclusionary rule makes sue
that the checks and balances in government is intact prior to the officers searching homes. The
officers who are part of the executive branch must get a warrant from the court, the judicial
branch, in order to constitutionally search and seize. The exclusionary rule plays a big role in
conveying police accountability in that if they violate the Fourth Amendment, criminals will go
free.
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Document Summary
They searched her house and found pornographic books that she was also later charged for. The court voted in favor of mapp saying that the evidence that the police seized was inadmissible in the court under the fourth amendment. Amendment by searching homes and seizing items unconstitutionally, the items they seize cannot be used in court and will be excluded. This decision affects policing because this ensures that the police will not enter homes or seize items without a warrant which requires probable cause. This meant that any additional evidence found during the illegal search and seizure would also be inadmissible in court. This additional fruit includes any other evidence such as a confession. (gaines and worrall, 2012, p. 456) The exclusionary rule affects american policing because this holds the police accountable for their actions because they cannot search homes without a warrant unless there are exigent circumstances.
