Reference no: EM133488016
Discussion Post: The Exclusionary Rule
As you learned in your reading, the 4th Amendment protection against unreasonable search and seizure protects citizens from being searched or having their possessions seized without probable cause. Judicial interpretation of that Amendment has resulted in what is known as the Exclusionary Rule, which simply states that any evidence obtained without a warrant may be inadmissible in court.
The Exclusionary Rule has been the source of contentious court battles for many years. Some people oppose the Exclusionary Rule because they believe it allows criminals who would otherwise be convicted to go free. The public's safety, they argue, is more important than a criminal's rights. The Exclusionary Rule, in this view, imposes a burden on police and prosecutors and "all too frequently" grants criminals their freedom.
Other people believe the Exclusionary Rule does not go far enough to protect individual rights. They believe that the numerous exceptions to the Exclusionary Rule have all but rendered it worthless, and that more protections should be in place to protect citizens against unreasonable police involvement in their affairs.After reviewing both the information above and the Bill of Rights, make both the pro and con arguments as noted below regarding the value of the Exclusionary Rule. An appropriate length for your post is three paragraphs, one per bullet point. Be sure to provide support for each argument and cite your sources.
In your initial post, address the following:
Question 1. Provide an argument to support the position that the Exclusionary Rule goes too far by limiting the ability of law enforcement officers to pursue investigations, and ultimately allowing criminals to go free. Provide a hypothetical example to illustrate your position.
Question 2. Provide an argument to support the opposite position-- that the Exclusionary Rule does not afford enough protections to individuals suspected of criminal activity due to the many exceptions to that Rule. Provide a hypothetical example to illustrate your position.