Interpreting the Exclusionary Rule

Examine two (2) exceptions to the rule. Provide your opinion as to whether or not you believe that each of these exceptions is constitutional.

The exclusionary rule is a legal rule that prevents the use of evidence that has been collected in a manner that violates the rights of the suspect from being used in court (Hsieh, 2016). There are various exceptions to this rule, however. Firstly, the exception of the inevitable discovery rule makes evidence that would have inevitably been discovered through legal means admissible. Secondly, the independent source doctrine excludes evidence that is obtained a second time independently without being tainted by the illegality of the initial search. In my opinion, I believe that each of these exceptions is constitutional.

Based on the information found in this chapter related to stop and frisk, examine two (2) actions as they relate to the fourth (4th) amendment and the arrest process. In your opinion, which should have the greatest constitutional protection, stop or frisk? Provide a rationale for your response.

The stop and frisk rule gives the police a chance to stop a suspect if they have reasonable suspicion that the person has violated the law and frisk them if they have a reasonable belief that they are armed, but without violating the 4^th amendment rights. In my opinion, the stop rule should have the most constitutional protection. This rule allows the police to stop people without acquiring a warrant from the court, which will enable officers to invade people’s privacy at any given time.

Reference

Hsieh, K. H. (2016). The Exclusionary Rule of Evidence: Comparative Analysis and Proposals for Reform. Routledge.

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Interpreting the Exclusionary Rule

Please respond to the following:

Interpreting the Exclusionary Rule

• Watch the video titled, “The Exclusionary Rule for Dummies – Mapp v Ohio and the 4th Amendment” (11 min 12 s). You can also view the video at
  • https://www.youtube.com/watch?v=cID59vrAY0M.
• Next, examine two (2) exceptions to the rule. Provide your opinion as to whether or not you believe that each of these exceptions is constitutional.
• Based on the information found in this chapter related to stop and frisk, examine two (2) actions as they relate to the fourth (4th) amendment and the arrest process. In your opinion, which should have the greatest constitutional protection, stop or frisk? Provide a rationale for your response.