The Exclusionary Rule: Supreme Court Case Weeks V United States

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The Exclusionary Rule By definition the Exclusionary Rule states that evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in criminal prosecution to prove guilt (Carmen, 1995). The Fourth Amendment declares a citizens right to be free from unreasonable searches and seizures. The Exclusionary Rule is a court-created remedy and deterrent, not an independent constitutional right. The Exclusionary rule was designed to deter police misconduct and enables courts to exclude incriminating evidence from introduction at trial when proof is given that the evidence was obtained illegally . Originally the Fourth Amendment “was of little value to criminal defendants because evidence seized by law enforcement in violation of the warrant of reasonableness requirements was still admissible during the defendant’s prosecution” (The Fourth Amendment, 2014). Supreme Court case Weeks v United States in 1914 greatly changed Fourth Amendment jurisprudence. They reversed the defendant’s conviction and in the process created the Exclusionary Rule. Through Mapp v Ohio in 1961, the Supreme Court made the Exclusionary Rule applicable to the sates (The Fourth Amendment, 2014). Basically saying that if the court allows the illegal evidence and the defendant is convicted they can challenge the courts decision to deny the motion to suppress on appeal.…show more content…
It is designed to protect citizens from illegal searches and seizures. The Exclusionary Rule is also designed to protect citizens from violations of the Fifth Amendment compelled to self-incrimination. The Exclusionary Rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel (The Fourth Amendment,
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