Exclusionary Rule
Purificato Criminal Justice
The Exclusionary Rule is a special remedy created by the courts to compel police to
respect the constitutional rights of suspects.
No illegally obtained evidence whether papers, objects, or testimony may be presented in
court to convict a defendant whose constitutional rights have been violated.
Does not mean that the accused will automatically be set free. But some key evidence
may have to be thrown out.
Judicial Integrity- Courts are supposed to uphold the law. If they allow illegally
obtained evidence to be used at trial they fail to uphold the law. How can citizens respect
our judicial system accepts illegal practices.
Deterrence- Excluding tainted evidence is the only way to prevent police abuse of
constitutional rights. If illegally obtained evidence may not be introduces in court, the
police will not resort to illegal searches and seizures.
Mapp Vs Ohio
Dolree Mapp- Police arrived at her home and demanded entry. After calling her
attorney she refused to let the officers in w/o a warrant
Three hours later they came back broke the door down and came in.
She demanded a warrant they showed her a piece of paper – she took it and stuffed it
down her shirt. They forcibly retrieved it and handcuffed her. Then dragged her upstairs
to her bedroom and searched her belongings. Later her attorney arrived and they
wouldn’t let him in.
After searching everywhere officers found some obscene materials in a basement trunk.
Mapp was arrested and convicted of possessing these materials.
The state argued that the illegal search was irrelevant the materials were found she broke
the law and was guilty as charged.
The Supreme Court Disagreed
“Nothing can destroy a gov more quickly than its failure to obey its own laws”
The court threw out mapps conviction
In doing so the court extended the exclusionary rule to all criminal trials in the country
state and federal.
Exceptions to the rule
If criminal defendants testify in their own defense and evidence illegally seized can be
used to challenge the defendant’s testimony.
Evidence gathered by police acting in good faith can be admitted if they have reasonably
relied on the search warrant issued by a judge that turned out to be technically defective
or through a judges error turns out to be based on probable cause.