Understanding Search and Seizure Law: What if a Search Violates the Fourth Amendment? »

July 9, 2009

0 - add yours »

Here I am explaining you that in case if the search violates the fourth amendment than what could happen.

The Exclusionary Rule.

If, upon review, it has been found by the court that an unreasonable search has been occurred, then any evidence seized as a result of that search could not be allowed by the court to use as direct evidence against the defendant in a criminal prosecution, state or federal. This rule has been established by the U.S. Supreme Court in 1961and it has come to be known as the “exclusionary rule.”

After this day, the exclusionary rule has been criticized by many commentators on the basis that it unfairly lets the criminal go free just because the constable has erred. But the supporter of the rule argued that excluding illegally seized evidence is necessary to restrict police from conducting illegal searches. According to this deterrence argument, if the resulting evidence can’t be used to convict the defendant then the improper searches won’t be conducted by police.

Click here to read more »

You might also like

Understanding Search and Seizure Law: The Fourth Amendment You should learn when the government can invade your privacy to hunt for evidence of a crime. Limitations...

Police charged a suspect with 5th DWI during a search for Stolen Car A search for a stolen vehicle has ended with an arrest of a suspect who has faced his fifth charge for...

Is it Justified to Forcefully take Blood for Testing? When a police arrest any citizen for DUI then that arrested person has the right to choose that either...

Probable Cause in DWI Arrests On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror...