AVOIDING EXCLUSIONARY RULE

Avoiding the Exclusionary Rule



Avoiding the Exclusionary Rule

Introduction

In the constitutional right, of U.S. exclusionary rule is a legal principle holding that evidence collected or analyzed in violation of the United States Constitution is inadmissible in court in a criminal proceeding, (cannot be used in a criminal trial). The exclusionary rule designed to remedy and discourage, in a criminal prosecution, both the prosecutor and the police to obtain evidence illegally in violation of the Fourth and Fifth of the Bill of Rights of the United States, which provide protection from the unreasonable searches and seizures and self-incrimination. The exclusionary rule applies to citizens and foreigners (legal and illegal) living in the United States. Any evidence gathered during a criminal investigation cannot be used during the trial the defendants. What we are discussing in this paper is avoiding the exclusionary rule which would be give power to police to conduct anything.

The Elements for the Valid Consent to Search a Vehicle

The elements on which courts rely which finds valid consent while searching a vehicle comprises of consent to search and standard of review that is finding of writing. Moreover, the police should. In order words, the Supreme Court relies on the rule that originally based on two considerations. First, the Court wanted to deter police from violating the Constitution. If any evidence illegally seized by the police could not be used in the defendant's trial, then (the theory went) there would be no reason to commit the violation in the first place. Second, the Court thought it was wrong to involve the judicial process in the constitutional violation. That is, even though the judiciary did not commit the unreasonable search, the Court thought that would be improper that the Court take part in the constitutional violation by using its yields. In ...