What is the Exclusionary Rule and what is an example? What are the expectations of the rule? How does the Exclusionary Rule apply to criminal procedure? Compare and contrast the criteria (including rationale) on which the Exclusionary Rule was based. Should the rule be abolished? Are there better alternative remedies to the rule and if so, what are they?
The exclusionary rule essentially excludes evidence illegally obtained or in evidence obtained in violation of the Fourth Amendment (Lippman, 2011, p. 423). ...view middle of the document...
, the exclusionary principle is not always applicable (Ferdico, Fradella, & Totten, 2013, p. 89). For example, evidence obtained by police acting in good faith, upon the belief that the search was legal might be included (p. 431). In fact, Lippman (2011) contends that attenuation and collateral proceedings such as preliminary hearings, may also inform the admissibility of evidence (Lippman, 2011, p. 414, 431). For understandable reasons then, numerous cases raising questions about Fourth Amendment rights violations have reached the Supreme Court on a regular basis. After Justice Kennedy (2006) stated the knock and announce protections afforded citizens by the Constitution have been significantly weakened by several precedents (Dressler & Michaels, 2006, p. 7). Moreover, other Justices have argued that the Fourth Amendment and the exclusionary rule have not demonstrated deterrents for police. Therefore, the exclusionary principle and the Fourth Amendment will likely continue to dominate court cases and questions of evidentiary admissibility (Lippman, 2011, p. 433).