CONSTITUTIONAL DVLPMNT Discussion LM 05

Running head : The exclusionary Rule

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The Exclusionary Rule

The exclusionary rule can be defined as a legal principle under the constitutional laws of united sates of America that holds that collected evidence in violation of constitutional rights of a defendant is inadmissible to the court of law for criminal prosecution . The Exclusionary rule states that there is no object that can be used in a court as evidence , if it is obtained illegally or without a warrant for proper search (Lynch , 1998

. This is clearly stipulated in the Fourth Amendment of the U .S . constitution , which protects all Americans against unreasonable searches and seizures by the law enforcers . There has been a controversy with this law since some people believe it causes constraints to the law enforcers as they conduct their duties while others believe it as an effective method of deterring misconduct of the law enforcers

In my opinion , the exclusive law protects the right of the defendant or the accused . Law enforcers should not be allowed to violate the constitutional right of an individual as stipulated in the Fourth Amendment of the US constitution . The right to privacy is fundamental for every American citizen . Law enforcers should therefore follow the stipulated procedures for obtaining proper warrant for searches and seizures . In other words , court warrant should be a mandatory requirement for searches and seizures except for some few cases such as searches and seizures done by the consent of an individual . Furthermore the...