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	Exclusionary rule - Wikipedia, the free encyclopedia
		In United States constitutional law, the exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is inadmissible for a criminal prosecution in a court of law (that is, it cannot be used in a criminal trial).
		The Exclusionary Rule is designed to provide a remedy and disincentive, short of criminal prosecution, for prosecutors and police who illegally gather evidence in violation of the Fourth and Fifth Amendments in the Bill of Rights, which provide for protection from unreasonable searches and seizure and compelled self-incrimination.
		The exclusionary rule does not apply in a civil case, in a grand jury proceeding, or in a parole revocation hearing.
	en.wikipedia.org /wiki/Exclusionary_rule (1176 words)

	Fourth Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		United States, 389 U.S., the Supreme Court ruled that there is no search unless an individual has an "expectation of privacy" and the expectation is "reasonable"—that is, it is one that society is prepared to recognize.
		The rule was made applicable to the states in Mapp v.
		Closely related to the exclusionary rule is the "fruit of the poisonous tree" doctrine, under which the government is prohibited from introducing any evidence that was obtained subsequent to and as a result of the illegal search.
	en.wikipedia.org /wiki/Fourth_Amendment_to_the_United_States_Constitution (1998 words)

	FindLaw: U.S. Constitution: Fourth Amendment: Annotations pg. 6 of 6
		The Foundations of the Exclusionary Rule.--Important to determination of such questions as the application of the exclusionary rule to the States and the ability of Congress to abolish or to limit it is the fixing of the constitutional source and the basis of the rule.
		Similarly, the exclusionary rule does not require suppression of evidence that was seized incident to an arrest that was the result of a clerical error by a court clerk.
		Janis, 428 U.S. Similarly, the rule is inapplicable in civil proceedings for deportation of aliens.
	caselaw.lp.findlaw.com /data/constitution/amendment04/06.html (6225 words)

	FOURTH AMENDMENT EXCLUSIONARY RULE - Professor Wilkes - University of Georgia School of Law
		The exclusionary rule does not tell us what is or is not an illegal search and seizure; it only tells us what to do with the evidence once it has been determined that it was obtained illegally.
		Thus, it is wholly unconvincing to attack the exclusionary rule on the grounds that the police acted properly.
		Third, arguments against the exclusionary rule boil down, ultimately, to the position that the evidence may have been obtained illegally but nonetheless should be admissible because it represents the truth and is reliable.
	www.law.uga.edu /academics/profiles/dwilkes_more/27freedom.html (1156 words)

	SurfWax: News, Reviews and Articles On Exclusionary Rule
		This so-called exclusionary rule was among the most controversial legal developments of the 1960s, and many law-and-order conservatives continue to chafe at it...
		I am saying that a rule in which only representatives of a particular type of faith are considered suitable for giving the invocation is an exclusionary rule that acts as a state endorsement of monotheism, or at least a state disparagement of polytheism.
		Whether the exclusionary rule is triggered when evidence is obtained in the defendant's home as a result of information obtained in an illegal search of someone other than the defendant.
	www.lawkt.com /files/Exclusionary_Rule.html (3272 words)

	The Exclusionary Rule (Site not responding. Last check: 2007-11-01)
		The rule requiring exclusion from judicial proceedings of evidence illegally seized by the police is an integral part of the Fourth Amendment.
		The exclusionary rule serves the vitally important function of deterring governmental agents and police from lawless conduct violative of the right of personal security and privacy which the Fourth Amendment grants to every person within the jurisdiction of the United States or of the individual states.
		Moreover, the exclusionary rule engenders confidence in government by preventing the courts from becoming participants in wilful disobedience of the Constitution.
	www.cacj.org /policy_statements/policy_statement_11.htm (116 words)

	Arizona v. Evans: Adapting the Exclusionary Rule to Advancing Computer Technology
		The purpose of the rule is to sanction police for overstepping constitutional bounds.
		The Arizona Court of Appeals reversed because it saw that the purpose of the exclusionary rule was to deter police officers, not office employees who are not connected to the arresting officers' department.
		The court held that the exclusionary rule was a part of the Fourth Amendment, but did not universally apply in all cases where a Fourth Amendment violation occurred.
	law.richmond.edu /jolt/v2i1/stinger.html (4262 words)

	In Defense of Evidence: Against the Exclusionary Rule and Against Libertarian Centralism
		The glaringly obvious problem with the exclusionary rule is that it protects the guilty. Accused murderers and thieves manage to escape punishment, not by demonstrating that the evidence is flawed or supports their innocence, but by having genuine evidence of their guilt deemed inadmissible because of the way it was gathered.
		Then there’s the question of whether the exclusionary rule, even if it is sanctioned by the Fourth Amendment, should apply to the states. Lynch doesn’t explicitly argue that it should. Nevertheless, he approvingly discusses a case in which the Supreme Court declared that New Hampshire police had violated the Fourth Amendment (pp.
		In its current form, therefore, the exclusionary rule is a means by which federal courts illegally usurp powers that are constitutionally reserved to the states. Of course, libertarians must oppose the states as well as the federal government, since both by their nature commit aggression against innocent victims.
	www.lewrockwell.com /kinsella/kinsella14.html (1999 words)

	Why stop halfway? - need to repeal the exclusionary rule National Review - Find Articles
		The exclusionary rule has benefits only in the eyes of those who judge laws strictly by their intentions rather than their actual effects.
		The exclusionary rule does not punish overzealous or criminal police conduct because officers and police departments are typically rated on overall arrest clearance rates rather than conviction rates.
		The irony of the exclusionary rule is that the public, not the culpable police, bears the costs of freeing the guilty criminals.
	www.findarticles.com /p/articles/mi_m1282/is_n9_v47/ai_16920439 (862 words)

	Rasmusen Weblog: The Exclusionary Rule; Ward Churchill
		This is by analogy with the exclusionary rule in criminal procedure, a peculiar rule that says that if the police search my house for drugs without a proper warrant, and find ten dead bodies rotting in my basement, they cannot act on that information to go after me for murder.
		I'll come back to the desirability of that rule later, but for the moment note that if at the same time the neighbors are complaining that my house stinks of decaying flesh and other evidence points to my criminality the police can conduct a second search based on that, and use the evidence so obtained.
		If the police ransack my apartment and find that I haven't committed a crime, the exclusionary rule just tells them they can't use the evidence they haven't found to prosecute me. The exclusionary rule only helps punish the police when their search was justified, because there did exist evidence of a crime.
	www.rasmusen.org /x/archives/000468.html (1185 words)

	Donklephant » Blog Archive » Exclusionary Rule Wounded By SCOTUS (Site not responding. Last check: 2007-11-01)
		The exclusionary rule is tough, it’s not meant to vindicate the rights of the accused at all, but rather as a way to keep the power of the state in check.
		This isn’t the kind of thing to argue on a case-by-case basis, because the exclusionary rule is not meant to be a remedy for a violationn of an individual’s rights, but for an abuse of power.
		For about 100 years it has been the law that the exclusionary rule could be used as a remedy, and this case overruled all of that precedent.
	donklephant.com /2006/06/15/exclusionary-rule-wounded-by-scotus (3196 words)

	This is all about the exclusionary rule [the Supreme Court rule which says if the police obtain evidence illegally, the ...
		This is all about the exclusionary rule [the Supreme Court rule which says if the police obtain evidence illegally, the evidence cannot be used ], but the analysis includes a boarder defense of rights limitation in war time....
		Probably in light of this historical evidence, the Supreme Court has repeatedly held that the exclusionary rule is not a constitutional right and that "the governments' use of evidence obtained in violation of the Fourth Amendment does not itself violate the Constitution.
		Carving out an exception to the exclusionary rule here is in fact a substantially more modest proposal than the one advocated by Justice Jackson, simply because such an exception would still leave Fourth Amendment tort remedies intact.
	home.earthlink.net /~lightseeker2/exclusionaryruleexerpt.htm (2793 words)

	The Exclusionary Rule in a Computer-Driven Society: The Case of Arizona v. Evans (1995), Mapp v. Ohio, Landmark Supreme ...
		The Exclusionary Rule in a Computer-Driven Society: The Case of Arizona v.
		They ruled that because the exclusionary rule is meant to deter police employees from making mistakes in the process of searching for and seizing evidence, computer records were not exempt from the rule.
		In its decision, the Court reversed the decision of the Arizona Supreme Court and ruled that the search and seizure were not covered by the exclusionary rule, and therefore were constitutional.
	www.landmarkcases.org /mapp/society.html (775 words)

	Exclusionary Rule Reform
		Exclusionary Rule Reform: By a recorded vote of 289 ayes to 142 noes, Roll No. 103, the House passed H.R. 666, to control crime by exclusionary rule reform.
		Exclusionary Rule Reform Act: House completed all general debate and began consideration of amendments to H.R. 666, to control crime by exclusionary rule reform; but came to no resolution thereon.
		61, the rule under which the bill is being considered, was agreed to earlier by voice vote.
	www.druglibrary.org /schaffer/GOVPUBS/hr666a.htm (201 words)

	Friend or Foe? Debating the Exclusionary Rule, Part I, Mapp v. Ohio, Landmark Supreme Court Cases
		The purpose of the exclusionary rule is to deter police misconduct.
		The directors of the FBI have endorsed the exclusionary rule and have stated that the rule does not hinder the FBI's work.
		Innocent citizens benefit not a whit from the rule, being left to battle state atrocities by their own means in a civil court.
	www.landmarkcases.org /mapp/exclusionary1.html (1660 words)

	Knowledge Base: The Exclusionary Rule
		The exclusionary rule is a judge-made rule, adopted by the courts to stop the police from conducting illegal searches and seizures.
		The courts finally decided on the exclusionary rule, the rule that says that evidence illegally seized may not be used as evidence, as a means of enforcement.
		The exclusionary rule is a judicial remedy imposed by the courts to deter violations of constitutional rights.
	oldweb.uwp.edu /academic/criminal.justice/exclusion.htm (1588 words)

	"The ""Exclusionary Rule"": Time for Reform"
		It is doubtful that the exclusionary rule is sufficiently a command of the Constitution to have been required of the states by the Supreme Court.
		The Court ruled that the search which had obtained the evidence from the car was illegal Thus the exclusionary rule prevented the introduction in Coolidge's new trial of reliable evidence of his guilt.
		CONCLUSION The exclusionary rule, which suppresses illegally seized evidence from introduction into criminal trials, is a rule of evidence adopted to enforce the constitutional guarantee against unreasonable search and seizure by reinstating the legal knowledge of a criminal defendant's guilt to what it was before law enforce ment officers violated those guarantees.
	www.heritage.org /Research/LegalIssues/bg198.cfm (6184 words)

	NCPA - Opinion: Exclusionary Rule Frees Criminals (Site not responding. Last check: 2007-11-01)
		The controversial exclusionary rule, developed by the Supreme Court in the days of Chief Justice Earl Warren, is coming under renewed attack.
		The way the rule is currently being applied in some cases has legal scholars up in arms -- and shaking their heads in disbelief.
		Four state appellate judges upheld a family court judge's ruling that a loaded.45 caliber semi-automatic gun confiscated by a security guard from a 15-year old student -- when he clearly saw the outline of the gun through a coat -- was improperly seized and, thus, could not be considered as evidence.
	www.ncpa.org /pi/crime/pdcrm/pdcrm55.html (315 words)

	The Exclusionary Rule
		In 1914 the exclusionary rule was enacted by the U.S. Supreme Court.
		The exclusionary rule as it is today needs to be gotten rid of, due to the fact that it does more harm than good.
		The Exclusionary Rule was enacted because of the “landmark case of Weeks V. United States, it introduced the exclusionary rule as a remedy for violations of the Fourth Amendment (Hendrie n.
	www.radessays.com /link.php?site=re&aff=r2c2&dest=viewpaper.php?request=1310 (265 words)

	SCOTUSblog: Analysis: Exclusionary rule in trouble? (Site not responding. Last check: 2007-11-01)
		The Scalia opinion, in concluding that the "exclusionary rule" was not available to Hudson or to anyone faced with a knock-and-announce violation, relies on two fundamental theories, both of which pose questions about how far the decision may ultimately reach, or what future changes in constitutional doctrine it may portend.
		To abolish the exclusionary rule and replace it with an action for damages against the government treasury is to have the law speak with two voices.
		Yes, an exclusionary rule would be an effective means of enforcing knock and announce, but to say that this is simply a horrible decision (given the fact that the police would have found the evidence anyway) is over the top.
	www.scotusblog.com /movabletype/archives/2006/06/analysis_exclus.html (6405 words)

	The Reality-Based Community: The Exclusionary Rule and a Note on Torture
		I take issue with one piece of Mark's reflection on torture, which is his in-passing endorsement of the exclusionary rule.
		Absent the punishment of the exclusionary rule the temptation for those with authority to abuse it merely because they suspect that you might be guilty is far too great -- we need only look at treatment of suspected terrorists by this administration.
		Perhaps we could similarly make the exclusionary rule the standard, but allow a cop who violates procedure to confess to a guaranteed-minimum-sentence crime in exchange for having the improperly gained evidence be admitted.
	www.samefacts.com /archives/crime_control_/2006/05/the_exclusionary_rule_and_a_note_on_torture.php (1790 words)

	Exclusionary Rule Reform (Site not responding. Last check: 2007-11-01)
		Unfortunately, this exclusionary rule has been manipulated by skillful defense attorneys to protect murderers, drug dealers, rapists, and robbers.
		In one instance, more than 250 pounds of cocaine found in a car during a routine traffic stop were ruled inadmissible at trial because the officer did not have a warrant to search the car.
		In 1984, the Supreme Court modified the exclusionary rule to permit the introduction of evidence that was obtained in good faith reliance on a search warrant that was later found to be invalid.
	www.house.gov /young/press/fs020795.htm (340 words)

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