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Sample Term Paper

Words 1,760


Exclusionary rule is a right to be free from unfair searches and confiscation is stated by the Fourth Amendment, but how one is to explain the guarantee into tangible terms is not specified. Several possible methods of enforcement have been suggested over time; however, the Supreme Court has settled, not without opposition, on only one as an effective means to make real the right. The Fourth Amendment to the Constitution of the United States present in relevant part that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” (U.S. Constitution. amendment. IV).

The amendment is silent, however, as to the therapy for breaches of this clause, which has led the Supreme Court of the United States to create and adjust a rule of automatic exclusion throughout most of the twentieth century. (Saltzberg and Capra 444-445)

Brief History

The development of the U.S. exclusionary rule reached its pinnacle in 1961 with Mapp v. Ohio, . (Mapp v. Ohio) which extended the exclusionary rule to the states. The Court noted that more than half of the states that did not have an exclusionary rule at that time had since assumed one. In this changed landscape, the Court concluded that a decade of experimentation had produced only “worthless and futile” alternatives to exclusion. Therefore, the Court could no longer “tolerate denial of the most significant constitutional privilege, namely, the exclusion of the evidence which an accused has been forced to give by the unlawful seizure.”


See also